Allahabad High Court
Smt. Geeta Devi vs State Of U.P. Thru Prin.Secy. Lucknow ... on 2 November, 2022
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 8 Case :- WRIT - A No. - 10438 of 2019 Petitioner :- Smt. Geeta Devi Respondent :- State Of U.P. Thru Prin.Secy. Lucknow And Ors. Counsel for Petitioner :- Anil Kumar Yadav,Amjad Siddiqui,Sabir Ali,Sameer Kalia,Srideep Chatterjee Counsel for Respondent :- C.S.C.,Bhanu Pratap Singh Hon'ble Alok Mathur,J.
1. Heard Sri Amjad Siddiqui, learned counsel for petitioner as well as Sri Surendre Kumar yadav, Advocate holding brief of Sri Bhanu Pratap Singh, learned counsel for respondent No. 3 as well as learned Standing Counsel for respondent Nos. 1 & 2.
2. It has been submitted by learned counsel for petitioner that husband of the petitioner late Badlu Ram was appointed as Cook in the Police Department and died on 11.08.2017 during service when he was posted at police-lines Barabanki.
3. The petitioner claims that she is the legally wedded wife of late Badlu Ram and has approached this Court assailing the order dated 24.05.2018 passed by Superintendent of Police, Barabanki thereby rejecting her application for appointment on compassionate ground under Dying in Harness Rules, 1974.
4. It is submitted by learned counsel for petitioner that her husband late Badlu Ram died leaving behind petitioner and one daughter-Kumari Chanda. It is further stated that petitioner is the nominee in the service book and consequently moved an application for compassionate appointment.
5. The dispute in the present case has arisen because the respondent No. 3-Ranjeet Bahadur has also claimed that he is the son of late Badlu Ram and has also moved an application before the competent authority under dying in Harness Rules, 1974. Ranjeet Bahadur had also filed a suit for succession certificate before the competent authority which was pending consideration.
6. In light of the above, the petitioner was not appointed under the Dying in Harness Rules, 1974. She had approached this Court on earlier occasion by filing Writ Petition No. 7715 (SS) of 2018 (Smt. Geeta Devi and another Vs. State of U.P. and others) which was disposed on 19.03.2018 with a direction to the Superintendent of Police, Barabanki to consider and decide the representation of the petitioner by reasoned and speaking order in accordance with law within a stipulated period of time.
7. It is in compliance of the order of this Court that the impugned order dated 24.05.2018 was passed and the prayer for appointment has been rejected only on the ground that petitioner could not produce succession certificate before the said authority.
8. Learned counsel for petitioner submits that during pendency of the present writ petition, the petitioner has approached Civil Judge, Sr. Div., Barabanki and a succession certificate has been issued in favour of the petitioner by means of order dated 05.02.2021. A copy of which has been annexed along with supplementary affidavit filed by the petitioner.
9. In the aforesaid circumstances, learned counsel for petitioner submits that the order of the respondent having been rejecting representation of the petitioner for appointment on compassionate ground only on the ground of non availability of the succession certificate is liable to be set aside and the said infirmity has been cured as the petitioner has procured succession certificate.
10. Learned counsel for respondent No. 3 on the other hand submits that respondent No. 3 is the son of the first wife of late government servant and consequently he has also filed a succession certificate indicating that he is the legal heir of the late government servant and entitle to be appointed under Dying in Harness Rules 1974.
11. In light of the above, it is noticed that subsequent to death of Sri Badlu Ram, there are two claimants for appointment. The petitioner claims herself to be the wife of Badlu Ram while respondent No. 3 claims to be the son of first wife of late Badlu Ram and both are competing for appointment. It is noticed that such a controversy can be decided by the competent authority in light of the Rule 7 of the Uttar Pradesh Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974, which is quoted hereinbelow:-
"Rule 7 - Procedure when more than one member of the family seeks employment - If more than one member of the family of the deceased Government servant seeks employment under these rules, the Head of Office shall decide about the suitability of the person for giving employment. the decision will be taken keeping in the view also the overall interest of the welfare of the entire family, particularly the widow and the minor members thereof."
12. It is noticed that according to Rule 7 of Uttar Pradesh Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974 whether there are more than one persons seeking appointment then the Head of Institution is duly bound to consider and decide the representation.
13. Accordingly, considering that petitioner has already obtained a succession certificate, the ground for rejection no longer exists and hence the rejection order dated 24.05.2018 is hereby set aside and the matter is remitted back to the competent authority to decide the claim of the petitioner as well as respondent No. 3 for appointment under Uttar Pradesh Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974.
14.In light of the above, , let the matter be decided expeditiously for which purpose the petitioner and respondent No. 3 shall move suitable representation to the Superintendent of Police, Barabanki within three weeks from today detailing their claim for appointment along with all supporting documents and in case such representation is moved the Superintendent of Police shall proceed to decide the matter and also afford opportunity of hearing to both the parties, if so require which they shall indicate in the representation itself within six weeks thereafter.
15. In view of the above, the writ petition is allowed.
(Alok Mathur, J.) Order Date :- 2.11.2022 Ravi/