Married daughter ineligible for compassionate appointment unless wholly dependent on deceased employee at time of death and breadwinner of his family; subsequent divorce irrelevant; prima facie no dependency for married woman with children.

Order

Heard Shri Krishna Kumar Mishra and Shri Sudhir Kumar Shukla, counsels for the applicant and Shri Subhash Chandra Mishra, counsel for the respondents.

2. The instant original application has been filed seeking following reliefs: -

“A- Issue a order or directing the set aside impugned order dated 8.07.2020 passed and communicated by the Respondent no. 2 and 3 rejecting the applicant claim of compassionate appointment.

B- Issue any order or direction as deem fit and under the circumstances of the applicant's case.”

3. The brief facts of the case are that the applicant’s father late Ganga Prasad was posted in the office Respondent No.3 as a MCM (Fitter) who died on 23.06.2013 in his service period, his retirement date was 30.06.2013. Applicant was living with him in the Railway Quarter No.56B, New Model Colony, Bareilly till his death and vacated the Railway Quarter on 30.09.2013. Applicant’s mother namely New Lali already died on 23.04.1985 and another unmarried sister named Durga also died on 13.10.1999 and applicant is sole legal heir/living member at present but being married. Her marriage was solemnized as per Hindu customs on 12.03.2000 out of this wedlock 03 children out of which 02 daughters and 01 son have been born. The applicant’s ex- husband has been a patient of epilepsy since before her marriage and is incompetent to earn anything for livelihood due to his medical condition. Therefore, the applicant along with her children was totally dependent on the deceased father.

4. It appears that the applicant previously sought a compassionate appointment following her father's death by filing Original Application (OA) No. 1333/2013 before the Tribunal. In response, the Tribunal directed the relevant authority to consider and decide on the applicant's representation through a reasoned and speaking order within three months. However, the applicant's claim was rejected by the concerned authority on 12.03.2014, citing two reasons:-

1. The applicant was not dependent on her father.

2. There were no other dependent members of the deceased employee.

Aggrieved by this decision, the applicant filed another OA No. 330/00542/2014 to challenge the rejection order dated 12.03.2014. However, the Tribunal rejected the applicant’s claim through its judgment and order dated 16.01.2017.

5. The applicant challenged the Judgment and order dated 16.01.2017 passed by this Tribunal before the Hon’ble High Court, Allahabad through Writ Petition No.13034/2017 and after exchange of counter and rejoinder affidavit between the parties the Hon’ble High Court, of Allahabad has passed vide Judgment and order dated 05.04.2018 allowed the applicant’s Writ Petition and set aside this Tribunal’s order dated 16.01.2017 in OA No. 330/0542/2014 and remanded matter to respondent No.2 to decide the matter in the light of master circular dated 03.02.1981 and pass fresh order within a period of 02 months. The applicant submitted aforesaid Hon’ble High Court’s order before respondent No.2 & 3. The applicant also stated that she filed a divorce suit No.110/2015 before the family court and got Judgment of divorce dated 28.08.2017 passed by the ADJ Basti and also stated that applicant was living with her father under desertion from her ex-husband and she was marriage under fraud infirm and disabled person, who was suffering from epilepsy and was unable to earn a single income for his livelihood and his family but the respondent No.2 rejected the applicant’s claim vide order dated 25.07.2018. Thereafter, the applicant again filed OA No.919/2018 challe