The court dismissed a writ petition seeking compassionate appointment. The petitioner claimed appointment after his mother's death, asserting sole dependence due to divorce. The court upheld the rejection of the claim, noting the father was alive and serving, and the submitted dissolution decree was invalid.
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Neutral Citation No. - 2024:AHC:163777
Court No. - 6
Case :- WRIT - A No. - 16066 of 2024
Petitioner :- Shubham Mishra Respondent :- State Of Up And 6 Others Counsel for Petitioner :- Devansh Misra,Kartikey Mishra Counsel for Respondent :- C.S.C.,Manvendra Singh
Hon'ble Ajay Bhanot,J.
Heard Shri Devansh Misra, learned counsel and Shri Kartikey Mishra, learned counsel for the petitioner, Shri Manvendra Singh, learned counsel for the respondent nos. 5 and 6 and learned Standing Counsel for the State.
By the impugned order the application for appointment on compassionate grounds made by the petitioner has been declined. The claim of the petitioner has been rejected on the footing that the same is in the teeth of the government order dated 04.09.2000.
The relevant part of the government order dated 04.09.2000 is extracted hereunder:
"3. उक्त कके अन न क्रम मम, शशासन दशारशा मशा० न्यशायशालय ककी ससंवविकशाओसं ककी भशाविनशा वि पशाथवमक वशकशा ककी गनणवितशा कको बनशायके रखनके ककी आविश्यकतशा कको अननभवि करतके हहए सम्यक वविचशारकोपरशान्त उतर पदकेश बकेससक वशकशा पररषददीय वशककक/वशककेतर कमरचशाररयक ककी सकेविशाकशाल मम ममृत्यन हको जशानके पर उनकके पररविशार कके एक आसश्रित कको वनम्नसलसखत शतरसं एसंवि पवतबन्धक कके अधदीन सकेविशायकोजन कशा अविसर पदशान वकयके जशानके कशा वनणरय सलयशा गयशा ह ह -
ससथवत हको) ककेन्ददीय सरकशार यशा वकसदी रशाज्य सरकशार यशा ककेन्ददीय सरकशार यशा वकसदी रशाज्य सरकशार कके सविशावमत्विशाधदीन यशा उनकके दशारशा वनयसंवत्रित वकसदी वनगम कके अधदीन पहलके सके सकेविशायकोसजत न हको तको उसकके कनटनम्ब कके ऐसके एक सदसय कको जको ककेन्ददीय सरकशार यशा रशाज्य सरकशार यशा ककेन्ददीय सरकशार यशा रशाज्य सरकशार कके सविशावमत्विधदीन यशा उनकके दशारशा वनयसंवत्रित वकसदी वनगम कके अधदीन पहलके सके सकेविशायकोसजत न हको। इस सम्बन्ध मम ममृतक आसश्रित आविकेदन कतशार, सके शपथ पत्रि पशाप्त करनके कके उपरशान्त हदी उसकके सकेविशायकोजन पर वविचशार वकयशा जशायकेगशा।" The undisputed facts of the case which are also recorded in the impugned order are that both parents of the petitioner were government servants. The mother of the petitioner who was working as an Assistant Teacher in a primary school died in harness on 08.04.2009. The father of the petitioner superannuated from service on 30.06.2022. The petitioner claimed an appointment under dying in harness rules after the death of his mother.
The claim of the petitioner that his parents had divorced and that he was solely dependant on his mother was negatived in the impugned order.
The impugned order records that the petitioner had presented an affidavit which asserts that the parents of the petitioner had dissolved their marriage. The document is not a valid dissolution of marriage and cannot be considered for the purposes of grant of compassionate appointment.
The impugned order accordingly invalidates the claim of the petitioner of his sole dependence on his mother and rejects his claim for appointment on compassionate grounds. No perversity is disclosed from the impugned
order and the same does not warrant any interference.
The writ petition is accordingly dismissed.
Order Date :- 15.10.2024 Vandit
Digitally signed by :- VANDIT AGRAWAL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the petitioner is eligible for compassionate appointment on dying in harness grounds after his mother's death while his father was still serving.
Shubham Mishra
State Of Up And 6 Others
Ajay Bhanot
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
