Allahabad High Court
Smt. Neelam Singh vs State Of U.P. Thru Prin.Secy. Edu. ... on 16 May, 2023
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:34030
Court No. - 8
Case :- WRIT - A No. - 23035 of 2019
Petitioner :- Smt. Neelam Singh
Respondent :- State Of U.P. Thru Prin.Secy. Edu. Lucknow And Ors.
Counsel for Petitioner :- Yash Pal Singh,Shachindra Pratap Singh,Yash Pal Singh
Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Kumar Singh,J.
1. Heard Mr. S.P. Singh, learned counsel for the petitioner, as well as Mr. Rahul Singh, learned Standing Counsel, for the respondents-State Authorities, and perused the record.
2. The present petition has been filed, seeking quashing of the order dated 19.06.2019 passed by the District Inspector of Schools, Shravasti (hereinafter referred to as the 'DIOS') whereby the petitioner's representation, for grating her appointment on compassionate ground after death of her husband, who was allegedly a Class-IV employee in Education Department, has been rejected on the ground that the appointment of the petitioner's late husband was forged one. Though late husband of the petitioner was appointed in the year 2006, but he was never paid salary till 2010 and, thereafter he was paid salary for few months under the direction of this Court.
3. The petitioner approached this Court by filing Writ Petition No 19281 (S/S) of 2019. The said writ petition was disposed of finally vide judgment and order dated 11.04.2019, the operative part of the which would read as under:-
"Considering the above, this writ petition is disposed of with a direction to respondent no.4 i.e. District Inspector of Schools, Shrawasti to consider the claim of the petitioner for grant of appointment on compassionate grounds and to pass appropriate, reasoned and speaking order within six weeks from the date of production of a certified copy of this order."
4. The petitioner was given opportunity of hearing. The petitioner's claims is that her late husband was appointed on the post of peon in the office of the DIOS on 09.12.2006. The petitioner's husband died on 30.08.2018 because of snake-bite.
5. In the impugned order it has been observed that for appointment on Class-IV post in the office of DIOS or Government Inter College/Government Girls Inter College, the selection committee at the district level is constituted which includes DIOS, District Basic Education Officer and Principals of the Government Colleges. The then DIOS, Smt Pushparani Srivastava, in her letters dated 27.10.2008, 19.01.2015 and 22.07.2016 had informed that she had not made any appointment of Class-IV post during her tenure as DIOS. She had also stated that no salary was given to any such appointed person. The Principal of Government Girls Intermediate College, Binga, Shravasti, in his letter dated 16.08.2011, had informed that she never participated as a member of the selection committee for appointing any Class-IV employee. It was also said that no paper regarding selection and appointment of the petitioner's late husband was available in the office of the DIOS.
6. The petitioner, except for saying that her late husband was appointed on 09.12.2006 as peon in the office of the DIOS and he died on 30.08.2018, she did not furnish any detail of payment of salary made to her late husband. It was also said that there was no detail available for making any payment of salary to the petitioner's late husband. In view thereof, the petitioner's claim for appointment on compassionate ground was found to be unsustainable as the appointment of the petitioner's late husband was forged one.
7. This Court, vide order dated 16.02.2023, directed the DIOS to file personal affidavit within one week placing on record the document relating to removal of Markandey Singh, late husband of the petitioner from the service and, stating therein specifically that he was never paid salary for Class-IV post during his life-time.
8. The DIOS, in his personal affidavit, dated 28.02.2023, has stated that total six fraudulent appointments of Class-IV employees were made in the year 2006-2007. Out of these six appointments, three appointments were made in the Government Girls Inter College, Bhinga, Shravasti, two appointments were made in the office of DIOS, Shravasti and one appointment was made in Mahamaya Government Girls Inter College, Ikauna, Shravasti. The appointments on Class-IV post are required to be made in accordance with the Class-IV Employee Service Rules, 1985, however, all the above six appointments were made without following the due process, and the documents, related to the selection, are not available in the records of office of the DIOS, Shravasti.
9. The then DIOS, Shravasti, Smt. Pushparani Srivastava vide letter dated 27.10.2008 informed the Additional Director (Basic), Education Directorate, U.P., Prayagraj that the signatures made on the appointment order of the petitioner's late husband dated 09.12.2006 were forged signatures and, she had not issued any such appointment order. No salary was paid to late husband of the petitioner for four years and he never raised any objection/demand for the same. No document, relating to the appointment of the petitioner's late husband was available in the office of the DIOS, Shravasti. The stand of the DIOS, in respect of appointment of late husband of the petitioner, is that he was never appointed and worked as peon in the office of the DIOS, Shravasti and, therefore, there was no occasion to pay any salary to him.
10. For issuing forged appointment orders, FIR vide Case Crime No.0935 of 2013, under Section 409 IPC was registered against the then Stenographer, Harendra Kumar Singh in the office of the DIOS, Shravasti on 12.09.2013 at Police Station Kotwali, Bhinga, District Shravasti. The then DIOS again vide letter dated 19.01.2015 written to Joint Director of Education and vide letter dated 22.07.2016 written to the District Magistrate, Shravasti had explained the fact regarding forged appointment letters having been issued to the persons for appointing them on Class-IV post in the office of DIOS, Shravasti, Government Girls Inter College, Bhinga, Shravasti, Mahamaya Government Girls Inter College, Ikauna, Shravasti. The DIOS specifically denied her signatures on the appointment letters and said that her signatures were forged. The sanction for prosecuting Stenographer, Harendra Kumar Singh was granted vide order dated 11.12.2014 and charge-sheet was filed on 16.12.2014 and further charge-sheet was filed on 13.10.2016
11. The present DIOS, Shravasti vide letter dated 17.02.2023 had sought information regarding appointment and payment of salary to late husband of the petitioner. In response to the said letter, the then DIOS, Shravasti, Smt. Pushparani Srivastava had given an affidavit dated 20.02.2023 to the effect that no appointment was made during her tenure 2006-2007 as DIOS, Shravasti. It was further stated that payment of salary from the month of November, 2011 to July, 2012 to the late husband of the petitioner was paid by committing forgery, without him being appointed. The appointment of late husband of the petitioner and payment of salary to him were in collusion of the then Stenographer, Harendra Kumar Singh in the office of the DIOS, Shravasti. The late husband of the petitioner was never paid salary from 09.12.2006 till 31.10.2011 and from 01.08.2012 till his death.
12. Considering the said averments that late husband of the petitioner was never validly appointed and his appointment was forged, this Court cannot issue any direction for appointing the petitioner on compassionate ground, on death of her late husband in the year 2018. Except for payment of few months salary, the late husband of the petitioner was never paid salary. The few months salary paid to late husband of the petitioner would not be enough to treat late husband of the petitioner as regular employee in the office of the DIOS, Shravasti. The facts, as mentioned above, clearly disclose that appointment of late husband of the petitioner was forged and forgery/fraud vitiates everything. Even if salary for few months was paid to late husband of the petitioner, that would not amount that late husband of the petitioner was validly appointed in the office of DIOS, Shravasti. Thus, the petitioner cannot be offered appointment on compassionate ground.
13. In view thereof, this writ petition, being devoid of merit and substance, is hereby dismissed.
[D.K. SINGH, J.]
Order Date :- 16.5.2023
MVS/-
