Allahabad High Court
Amardeep Kashyap vs State Of U.P. Thru. Addl. Chief Secy. ... on 5 April, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:27914 Court No. - 19 Case :- WRIT - A No. - 2731 of 2024 Petitioner :- Amardeep Kashyap Respondent :- State Of U.P. Thru. Addl. Chief Secy. Msme (Micro Small And Medium Enterprises), Lko. And Others Counsel for Petitioner :- Girdhari Lal Shukla,Rama Kant Dixit,Seeta Counsel for Respondent :- C.S.C. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Rama Kant Dixit, the learned counsel for the petitioner and Sri Ajay Kumar Pandey, the learned Chief Standing Counsel-V and perused the record.
2. By means of the instant application filed under Section 226 of the Constitution of India, the petitioner has sought quashing of an order dated 03.02.2023 passed by the Deputy Commissioner, Industries, Gonda deciding the petitioner's application for compassionate appointment consequent to death of his father and for payment of his retiral dues.
3. In the impugned order, it has been recorded that as per documentary evidence available, the date of birth of the petitioner's father Sri Ghanshyam was 08.11.1953 and he attained the age of superannuation on 30.11.2013. The death certificate issued by the Registrar of Births and Deaths mentions the date of death of the petitioner's father to be 16.10.2019, which indicates that the petitioner's father died six years after attaining the age of superannuation. The petitioner, his mother and brothers had filed Regular Suit No. 605 of 2019, which was decreed by means of a judgment dated 22.04.2022 holding that the petitioner's father Ghanshyam has not been heard of or seen by any person since 25.06.2012 and, therefore, he was declared to be dead.
4. The petitioner has placed reliance of a Government Order dated 30.03.1987 which was issued on the subject of payment of dues to the family members of government servants, who had gone missing. It does not relate to the subject of grant of compassionate appointment to the dependent of Government Servant who has gone missing.
5. The learned counsel for the petitioner has also placed reliance on another government order dated 13.04.2017 and this also was issued on the subject of payment of family pension to eligible member of the family of a government servant who has gone missing and this also does not deal with the subject of grant of compassionate appointment. The right to claim compassionate appointment accrues to a dependent family member of a deceased government servant, in case he dies in harness i.e. before attaining the age of superannuation. It is the petitioner's case that his father had gone missing on 30.06.2012. As per the provisions of law, he shall be presumed to be dead seven years after the date on which he went missing, which comes in the year 2019. The petitioner's father would have attained the age of superannuation on 30.11.2013. Therefore, from the material available on record, it cannot be said that the petitioner's father had died in harness and, therefore, the petitioner cannot claim compassionate appointment in place of his father.
6. The learned counsel for the petitioner has submitted that the petitioner had been issued an appointment letter on the post of Chawkidar but the same was cancelled subsequently. However, the order of cancellation has not been assailed by way of this writ petition and, therefore, the issuance of appointment letter and cancellation thereof would not confer any rights on the petitioner or any ground to claim compassionate appointment, unless the petitioner is otherwise entitled to be appointed on compassionate basis.
7. As there is no illegality in the impugned order dated 30.02.2023 passed by the Deputy Commissioner, Industries, Gonda holding that the petitioner's father died after attaining the age of superannuation, the petitioner is not entitled to be appointed on compassionate basis.
8. There is no illegality in the impugned dated 03.02.2023 passed by the Deputy Commissioner, Industries, Gonda-opposite party no. 4.
9. The writ petition lacks merit and the same is, accordingly, dismissed.
Order Date :- 5.4.2024 Pradeep/-