The Allahabad High Court, while allowing a petition, directed the respondents to consider the compassionate ground under the Rules of 1974 for appointment of a person who applied after attaining majority, but within the stipulated time.
A Single Bench of Justice Rajiv Joshi passed this order while hearing a petition filed by Narsingh Rawat.
By means of the writ petition, the petitioner seeks a direction in the nature of mandamus commanding the respondent nos 3 and 4 to appoint the petitioner under Dying in Harness Rules on any Class IV post in the Institution namely Amar Shahid Bhagat Singh Inter College, Rasra, Ballia, District- Ballia.
The facts of the case are that the mother of the petitioner namely Janki Devi was working as Class IV employee (Sweeper) in the Institution namely Amar Shahid Bhagat Singh Inter College, Rasra, Ballia, District- Ballia who died on 29.6.1999 in harness during service period.
After the death of his mother, petitioner applied for appointment on compassionate ground under the UP Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 before the Principal Amar Shahid Bhagat Singh Inter College, Rasra, Ballia, District- Ballia on several occasions thereafter, Principal of the Institution forwarded the application of the Petitioner on 22.06.2002 to the District Inspector of Schools, Ballia for consideration of appointment of the petitioner on compassionate grounds, which remain pending till date.
Counsel for the petitioner submitted that the petitioner has completed all the required formalities for his compassionate appointment under the Rules of 1974. However, the respondent-authorities did not give any response with regard to the same.
On the other hand, the Standing Counsel submitted that at the time of death, the petitioner was minor and his age was 15 years, 4 four month and 16 days.
It is next submitted that application of the petitioner for appointment on compassionate ground has been received in the office of District Inspector of Schools, Ballia in 2020, there are no questions of delay on part of the respondent authority – District Inspector of Schools, District Ballia.
The Court noted that,
The mother of the petitioner died in harness on 26.9.1999 and at that time, age of the petitioner was 15 years four months and 16 days.
The petitioner applied for appointment on compassionate ground in place of his mother on attaining majority before the Principal of the Institution, who forwarded the application along with the relevant records to the District Inspector of Schools, Ballia on 22.6.2002.
Principal of the Institution replied to the District Inspector of Schools, Ballia vide letter dated 17.11.2020, in which, it is stated that the then Principal namely Mohd Baseer Ansari has already forwarded the application of the petitioner for appointment on compassionate ground on 22.6.2002 which is pending in the office of District Inspector of Schools, Ballia.
“From the letter of the Principal, it is apparent that there are six posts of Class-IV employees, but no one is working on the post of Sweeper in the Institution.
It is apparent from the counter affidavit of the State that there was no fault or delay on the part of the petitioner and there was a delay on the part of the department/authorities, the petitioner should not be made to suffer”, the Court observed while allowing the petition.
In view of the above, discussions, the Court directed the respondents to consider the case of the petitioner for appointment on compassionate ground under the Rules of 1974 as per his application which was received in the office of District Inspector of Schools, Ballia on 22.6.2002 and if the petitioner is otherwise found to eligible to appoint him on the Class-IV in the Institution namely Amar Shahid Bhagat Singh Inter College, Rasra, Ballia, District Ballia.
The aforesaid exercise should be completed by the concerned respondents within a period of four weeks and the petitioner is entitled to all the benefits from the date of his appointment only, the Court ordered.