Allahabad High Court
Neelam vs Sri Gorakh Nath Patel, District ... on 26 September, 2023
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:186839
Court No. - 9
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6498 of 2022
Applicant :- Neelam
Opposite Party :- Sri Gorakh Nath Patel, District Basic Education Officer
Counsel for Applicant :- Rajendra Kumar Singh
Counsel for Opposite Party :- Mrigraj Singh
Hon'ble Rohit Ranjan Agarwal,J.
List has been revised. No one has put in appearance on behalf of either of the parties.
The writ Court on 17.05.2022 while disposing of Writ-A No.7377 of 2022 had passed the following order:-
"Heard Mr. Rajendra Kumar Singh, learned counsel for the petitioner, Mr. Mrigraj Singh, learned counsel for respondent nos. 2 and 3 and the learned Standing Counsel for the State-respondents.
This writ petition has been filed by the petitioner for the following relief:-
"1.Issue a writ, order or direction in the nature of mandamus directing the respondent authority to appoint the petitioner under the Dying Harness Rules in place of her father namely, Late Harinath as her eligibility.
2. Issue a writ order or direction in the nature of mandamus directing the respondent authority to consider the application/representation of the petitioner pending before the respondent authority.
......."
It is the case of the petitioner that the father of the petitioner, namely, Harinath, who was working as Assistant Teacher in Parishidya Vidyalaya of State of Uttar Pradesh from 18th September, 1973, expired during harness on 28th August, 2004, leaving behind his wife, namely, Sumitra Devi, three daughters, namely, Usha Devi, Asha Devi and Neelam (petitioner herein). The petitioner was married daughter of the deceased employee and her husband also expired in the year 2015 due to which she started to live at her parental place along with her mother. Faced with the financial hardship, the petitioner made an application before the authority concerned for appointment on compassionate ground after the death of her father under dying-in-harness rules. Along with the said application, no-objection certificates in form of notarized affidavit on behalf of her mother and two sisters have also been given by her.
When the same went unheard the petitioner made several applications before the authority concerned, the last being dated 4th April, 2022, for appointment on compassionate ground after the death of her father, but the same has again gone unattended, hence the present writ petition.
Learned counsel for respondent nos. 2 and 3 and the learned Standing Counsel submit that the present writ petition is highly belated as the same has been filed after delay of more than 18 years from the date of death of father of the petitioner to be precise on 28th August, 2004. The appointment on compassionate ground after the death of her father can also not be granted on the ground that at the time of death of her father, the petitioner was not dependent upon him. They further submit that there is nothing on record to show that the State has relaxed the time period of filing the application for appointment on compassionate ground in the matter of the petitioner. On the cumulative strength of the aforesaid, learned counsel for respondent nos. 2 and 3 and the learned Standing Counsel submit that the relief as prayed for in the present writ petition cannot be granted by this Court.
So far as the submissions made by the learned counsel for the respondents that the present writ petition is highly belated, is concerned, learned counsel for the petitioner submits that satisfactory reasons have been assigned in paragraph-10 of the writ petition, therefore, the same may be condoned in the interest of substantial justice.
I have heard learned counsel for the parties and have gone through the records of the present writ petition.
A Full Bench of this Court in the case of Shiv Kumar Dubey and others vs. State of U.P. and Ors. reported in 2014 2 ADJ 312, has opined that the State authorities seeing the financial status of the dependent of the deceased employee may relax the period of limitation for making an application for appointment on compassionate ground.
Considering the facts and circumstances of the case but without entering into the merits of the case set up by the petitioner, this petition is disposed of by providing that the petitioner may make a fresh representation before the District Basic Education Officer, Jaunpur i.e. respondent no.3, ventilating all her grievances, supported by such documents, as she may be advised, along with a certified copy of this order. On such representation being made respondent no.3, after obtaining approval/permission of the State Government qua the relaxation of time limit in filing of the application for appointment on compassionate ground, which is prescribed as five years in the case of the petitioner, in light of the judgment of the Full Bench of this Court in the case of Shiv Kumar Dubey (Supra), shall consider and decide the same, in accordance with law by means of a reasoned and speaking order, preferably within three months thereafter, if there is no other legal impediment."
From the perusal of the aforesaid order, it is clear that only direction was given by the writ Court to decide the representation of the applicant to which the authorities have done on 04.01.2023, copy of which has been brought on record as Annexure-1 to the affidavit of compliance.
In view of the said fact, as the order of the writ Court has been complied with, present contempt application is rendered infructuous and the same stands dismissed.
Contempt notice stands discharged.
Order Date :- 26.9.2023
SK Goswami
