WPSS/1356/2020
2022 Latest Caselaw 591 UK

 IN THE HIGH COURT OF UTTARAKHAND
                         AT NAINITAL
           ON THE 7TH DAY OF MARCH, 2022
                              BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


       Writ Petition (S/S) No. 1356 of 2020


BETWEEN:
Anita Devi.                                              ...Petitioner
     (By Mr. Pradeep Chmyal, Advocate)


AND:
State of Uttarakhand & others.                          ...Respondents
     (By   Mr.     Rakesh   Kunwar,   Addl.    C.S.C.   for    the    State   of
     Uttarakhand/respondent nos. 1 & 2 and Mr. Tapan Singh, Advocate for
     respondent no. 3)



                            JUDGMENT

Heard learned counsel for the parties.

2. Petitioner's husband was an employee of Zila Panchayat, Haridwar, who died on 06.02.2019. Petitioner applied for compassionate appointment. Her request for compassionate appointment has been rejected on the ground that master-servant relationship between Zila Panchayat & petitioner's husband came to an end on 27.10.2014 when his prayer for voluntary retirement was accepted and further that Writ Petition (S/S) No. 461 of 2015 filed by him challenging the order of acceptance of voluntary retirement has been dismissed.

3. It is contended by learned counsel for the petitioner that although, petitioner's husband had applied for V.R.S. on 14/16.10.2014, however subsequently, he submitted a letter withdrawing his application for V.R.S., on 27.10.2014. He further

contended that the Competent Authority in Zila Panchayat wrongly accepted the request for V.R.S. on the same date i.e. on 27.10.2014, ignoring the letter for withdrawal of voluntary retirement.

4. It is not in dispute that acceptance of petitioner's request for voluntary retirement was challenged by petitioner in Writ Petition (S/S) No. 461 of 2015. The said writ petition, however, was dismissed, though for non-prosecution, on 29.06.2015.

5. The question whether request made by petitioner's husband for V.R.S. was wrongly accepted, in view of letter seeking withdrawal of such request by petitioner's husband, was to be decided in Writ Petition (S/S) No. 461 of 2015.

6. Since the said writ petition has been dismissed, though for non-prosecution, therefore, in this writ petition, this Court is left with no other option, but, to take status of petitioner's husband as that of a retired employee, as after acceptance of request for V.R.S., the relationship of master-servant ceased to exist.

7. Compassionate appointment can be claimed by dependents of an employee, when such employee dies during subsistence of master-servant relationship.

8. Since in the present case, master-servant relationship was severed due to acceptance of request for V.R.S. made by petitioner's husband, therefore, no interference would be warranted with the impugned order, whereby petitioner's request for compassionate appointment is rejected.

9. In such view of the matter, writ petition is dismissed. No order as to costs.

10. However, petitioner shall be at liberty to pursue his remedy before the appropriate forum.

(MANOJ KUMAR TIWARI, J.) Navin