Prashant vs State Of U.P. And 2 Ors.
2016 Latest Caselaw 6388 ALL

Citation : 2016 Latest Caselaw 6388 ALL
Judgement Date : 3 October, 2016

Allahabad High Court

Prashant vs State Of U.P. And 2 Ors. on 3 October, 2016

Bench: B. Amit Sthalekar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - A No. - 47752 of 2016
 

 
Petitioner :- Prashant
 
Respondent :- State Of U.P. And 2 Ors.
 
Counsel for Petitioner :- Babban Prasad Dwivedi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble B. Amit Sthalekar,J.

Heard Sri B.P. Dwivedi, learned counsel for the petitioner and Sri Nafees Ahmad, learned Standing Counsel for the respondents.

The petitioner is seeking quashing of the order dated 30.05.2016 whereby his claim for appointment on compassionate ground has been rejected.

It is stated that the mother of the petitioner was working as A.N.M. and died while still in service on 23.07.2015. The impugned order discloses that the father of the petitioner had made claims for payment of retiral dues of late Asha Devi and had also filed a Suit No.29/70/2016, Ashok Kumar Vs. Prashant Kumar and Others for declaration to that effect. The impugned order discloses that the claim of the petitioner cannot be considered till the question regarding succession is decided.

So far as the claim for compassionate appointment is concerned, it is noticed from paragraph 6 of the writ petition that the father of the petitioner is still alive, therefore the petitioner cannot be said to be a dependent only upon his mother, the father being the first natural guardian. It is of no consequence that the father of the petitioner consumes alcohol day and night and therefore the responsibility of the family was on the shoulder of the deceased Government Servant. Therefore the question of compassionate appointment of the petitioner does not arise at all. Merely because the mother was a government servant, no inference can be drawn that the petitioner is a dependent of his mother.

Similar view has been taken by this Court in W.P. No. 18391 of 2016 (Km. Sandhya Sharma Vs. State of U.P. and others) and in W.P. No. 18432 of 2016 (Vishal Srivastava Vs. State of U.P. and others).

The writ petition so far as the claim for compassionate appointment is concerned is dismissed.

The writ petition so far as the terminal dues of late Asha Devi is concerned, that will be subject to the decision of the succession suit.

Order Date :- 3.10.2016

N Tiwari