Manorama Devi vs The Commissioner, Income Tax & ...
2011 Latest Caselaw 528 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- SPECIAL APPEAL No. - 909 of 2004
 
Petitioner :- Manorama Devi
 
Respondent :- The Commissioner, Income Tax & Others
 
Petitioner Counsel :- S.P. Pandey,Satyawan Shahi
 
Respondent Counsel :- A.N. Mahajan
 

 
Hon'ble D.S.R. Varma,J.

Hon'ble Abhinava Upadhya,J.

Heard Sri Satyawan Shahi, learned counsel for the appellant and Sri Govind Krishna, learned counsel for the respondents.

The appellant is the wife of the deceased employee of the Income Tax Department. She claims that she is entitled to have an appointment on compassionate ground in view of the death of her husband while he was in service. The petitioner-appellant  claims the following reliefs:

" (a) to issue a writ, order or direction in the nature of mandamus commanding the opposite  parties to provide suitable employment to the petitioner within some stipulated period as this Hon'ble Court may deem fit and proper and to give all other consequential benefits to the petitioner for which the petitioner is found to be entitled.

   (b) to issue a writ, order or direction as this Hon'ble Court may deem fit and proper.

   (c) to award cost of this petition."

However, the learned Single Judge had gone into the merits of the case  and pointed out several lacuna/discrepancy/deficiency in the claim of the writ petitioner. Eventually having not been satisfied with the information furnished by the petitioner the writ petition was dismissed by the learned Single Judge vide order dated 30.4.2004.

Further more, the petitioner was not successful in furnishing the information as regards eligibility or right under any rules or statutes or under any other law to have appointment on compassionate ground. Unless such lawful right is demonstrated and established, such a relief prayed for could not be accorded to the petitioner. The learned Single Judge has rightly observed that there are so many deficiencies as regards the information furnished by the petitioner.

Therefore, we have no option but to accept and concur with the view taken by the learned Single Judge in dismissing the writ petition. Accordingly, special appeal fails and the same is dismissed.

However, it is always open for the petitioner-appellant to make representation to the competent authority to consider her case for compassionate appointment and upon such representation being made, the competent authority shall consider and dispose of the same on merits  and in accordance with law.

It is made clear that the petitioner-appellant  shall make such application/representation within four weeks from the date a certified copy of this order is ready to be made available to her by the Office and the competent authority shall dispose of the same with utmost expedition basing on the entire material before it.

Order Date :- 28.3.2011

SKM