Allahabad High Court: Neeraj Tiwari, J. dismissed a writ petition which was filed with prayer for directing the respondents to grant the representation for compassionate appointment of the petitioner holding that sister can’t claim benefit of Compassionate Appointment in presence of wife under U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974.
Counsel for the petitioner submitted that father of petitioner was working on the post of Safai Karmchari at Nagar Nigam and during the course of service, he died. After his death, brother of petitioner (son of deceased- employee) was granted appointment on compassionate ground under the provisions of U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (‘Rules’) as “Safai Karmchari” to cater the need of all family members dependent upon deceased- employee including petitioner- sister. Unfortunately, in a road accident he (brother of petitioner) also died. After his death, her mother has given consent for appointment of petitioner on compassionate ground.
Counsel for the respondents objected to the appointment and submitted that as per Rules, 1974 read with amended Rules 2021, definition of family is given in order of hierarchy. After death of deceased- employee, first right goes to husband or wife, second right goes to sons/ adopted sons, third right goes to daughters (including adopted daughters) and widowed daughter-in-law and fourth right goes to unmarried brothers, unmarried sisters and widowed mother dependent on the deceased Government servant, if the deceased Government servant was unmarried.
Counsel for the petitioner could not dispute the aforesaid facts and only submitted that earlier appointment was given to her brother to cater the need of all family members dependent upon her father, therefore, petitioner is also entitled to get appointment after death of her brother.
The Court after hearing the parties noted that language of Rules is very much clear, which provides that first right of appointment on compassionate ground goes to husband or wife in case of death of Government employee. The Court further held that in this case there is no dispute that deceased- employee was married and his wife is alive and also, claiming appointment on compassionate ground. Therefore, under the Rules, she was only entitled for appointment and no relief can be granted to petitioner- sister, which is at serial no. 4 in order of hierarchy given in Rules read with amended Rules 2021, in case deceased Government employee was unmarried.
The petition was dismissed, and the petitioner was given liberty to approach for appropriate remedy for maintenance claim.
[Mohini v. State of Uttar Pradesh, 2022 SCC OnLine All 554, decided on 16-08-2022]
Advocates who appeared in this case :
Prakhar Tandon, Advocate, Counsel for the Petitioner;
C.S.C., Shravan Kumar Pandey, Shyam Narain Pandey, Advocates, Counsel for the Respondent.
*Suchita Shukla, Editorial Assistant has reported this brief.
