Allahabad High Court
Bhavana Dubey vs State Of U.P. And 2 Others on 9 July, 2019
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 38
Case :- WRIT - A No. - 6946 of 2019
Petitioner :- Bhavana Dubey
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Om Prakash Singh,Prabal Kumar Dixit
Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is a widow, who has approached this Court with the grievance that though her husband Dr. Deepak Tripathi has died in harness on 27.3.2018 but her claim for grant of compassionate appointment in terms of U.P. Recruitment of Dependants of Government Servant Dying in Harness Rules, 1974 has not been bestowed any consideration as per the Rules. Grievance is that her claim has been arbitrarily rejected by the order impugned dated 20th November, 2018 on the ground that a succession dispute between the petitioner and her mother-in-law is pending before the District Court, Auraiya, as it would not be possible to consider petitioner's request at this stage.
Learned counsel for the petitioner submits that object of grant of compassionate appointment is to enable the family in distress to tide over the sudden difficulty caused due to death of sole bread earner and that any dispute relating to succession would not justify pendency or deferment of her claim.
An impleadment application has also been filed for impleading the mother-in-law of petitioner as respondent no.4, which has been allowed by a separate order of date.
Considering the nature of the order proposed to be passed, notices need not be issued to the newly impleaded respondent, and the writ petition is being disposed of, at this stage itself.
This Court finds substance in the argument of the counsel for the petitioner that the very object of grant of compassionate appointment would be frustrated if claim for compassionate appointment is kept pending for the reasons as has been mentioned in the order impugned. The fact that petitioner is the wife of deceased employee is admitted. What is disputed is her entitlement to receive service benefits in respect of which the mother-in-law has also lodged a claim. The only prayer in her application is that she be also heard in the matter. In such eventuality the authorities ought to have afforded an opportunity of hearing to the respondent no.4 and consider petitioner's claim for grant of compassionate appointment on merits, keeping in view the provisions contained in the Dying in Harness Rules, 1974. As this course has not been followed the action of the respondents cannot be sustained. The order dated 28th November, 2018 cannot be sustained and stands quashed.
Matter stands remitted to respondent no.3 for passing a fresh order, keeping in view the provisions contained under the Rules of 1974, after affording an opportunity of hearing to the newly impleaded respondent no.4, within a period of three months from the date of presentation of certified copy of this order.
Order Date :- 9.7.2019/Anil
Hon'ble Ashwani Kumar Mishra,J.
Ref:-Civil Misc. Impleadment Application No.2 OF 2019
Heard.
Application is allowed.
Let Smt. Bebi Rani, W/o Late Subhash Chandra Tripathi, resident of Bhagwatiganj, District Auraiya be impleaded as respondent no.4.
Order Date :- 9.7.2019
Anil
