The Allahabad High Court has observed that the benefit of compassionate appointment cannot be given to a sister in the presence of a wife. The wife has the first right on compassionate appointment, the Court said while dismissing a petition.
A single-judge bench of Justice Neeraj Tiwari passed this order while hearing a petition filed by Mohini.
The petition has been filed with following prayers;
“(i). Issue a writ, order or direction in the nature of mandamus directing the respondents to decide the representation dated 01.12.2021 for compassionate appointment of the petitioner within a month.
(ii). Issue a writ, order or direction in the nature of mandamus directing the respondents to grant compassionate appointment to the petitioner.”
The counsel for the petitioner submitted that the father of the petitioner was working as “Safai Karmchari Ward 99/107” at Nagar Nigam, Kanpur and died during the course of service. After his death, the brother of the petitioner (son of deceased employee) has been granted appointment on the compassionate ground under the provisions of UP Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 as “Safai Karmchari” to cater to the need of all family members dependent upon deceased employee including petitioner- sister.
Unfortunately, in a road accident, the brother of the petitioner also died on 16.10.2021. After his death, her mother has given consent for appointment of petitioner on compassionate ground. The petitioner filed representation dated 01.12.2021 before respondent no 2 for appointment, which is pending for decision, therefore, a direction may be issued to respondent no 2 to decide the same and appoint the petitioner on compassionate ground under the provisions of Rules, 1974 amended the Uttar Pradesh Recruitment of Dependents of Government Servants Dying In Harness (Twelfth Amendment) Rules, 2021.
The counsels for the respondents objected to the submissions raised by counsel for the petitioner 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.
He next submitted that in the case, there is no dispute that deceased employee was married and his wife has also raised a claim for appointment on compassionate grounds after the death of her husband. Therefore, as per Rules, 1974 read with amended Rules 2021, petitioner has no right of appointment after death of deceased employee and respondent no 4 is only having right to be appointed on the compassionate ground after death of her husband.
The counsel for the petitioner could not dispute the aforesaid facts and only submitted that earlier appointment was given to her brother to cater to the need of all family members dependent upon her father, therefore, petitioner is also entitled to get appointment after death of her brother.
“I have considered the rival submissions raised by counsel for the parties as well as perused the record and Rules, 1974 readwith amended Rules 2021. Language of Rules is very much clear, which provides that the first right of appointment on compassionate ground goes to husband or wife as the case may be in case of death of a Government employee.
In the case, there is no dispute of fact that deceased employee was married and his wife is alive and also claiming appointment on compassionate grounds. Therefore, under the Rules, she is 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, 1974 read with amended Rules 2021, in case a deceased Government employee is unmarried. Therefore, the petition is having no force and liable to be dismissed,” the Court observed while dismissing the petition.
“So far as the claim of petitioner about her maintenance is concerned, it is open for her to seek appropriate remedy against respondent no 4, if any Rule provides for the same,” the court said.