Archna Raiwani vs State Of Uttarakhand & Ors

Lok Pal Singh, J

Petitioner has approached this Court seeking the following reliefs:-

"(i) Issue a writ in the nature of certiorari for quashing of the impugned letter dated 01.05.2017 of Principal Government High School Mirapur Bhaunri, District Haridwar, Uttarakhand.

(ii)Issue a writ in the nature of mandamus directing the respondents to appoint the petitioner in a suitable post according to her educational qualification on compassionate ground against the death of her father i.e. Late Dinesh Chandra Rehmani."

Brief facts, as narrated in the writ petition, are that the petitioner is a married woman and possess M.Ed degree plus Uttarakhand Teacher Eligibility Test-I 2014. Petitioner's father Late Dinesh Chandra Rehmani was a government employee and was working on the post of Principal in Government Uppar Middle School Bharapur, Bhaunri, Roorkee, District Haridwar. On 17.07.2013, petitioner's father met with an accident and died during his tenure of service, leaving behind his wife Kaushalya Raimani, married daughter Mamta Dobhal, married daughter Archana Raiwani (present petitioner) and one son Ayush Raiwani (student). After the death of her father, petitioner made a representation to the authority concerned for her appointment under the dying in harness rules, stating that she is an unemployed lady, she possesses M.Ed. degree as well as has passed U.T.E.T.-I 2014. Besides this, she stated that other members of the deceased family do not have any objection if the petitioner is appointed in her father's place. She also stated that her younger brother is doing M.B.B.S. and he is not interested in doing job at his father's place and in this regard he has given an affidavit to the respondent office. When no heed was paid on the applications/representations of the petitioner by the respondent department, then her counsel Mr. Vinodanand Barthwal made an application to the Principal, Government Inter College, Bahadarabad under the Right to Information Act and sought certain information. Authority concerned replied and objected the application on two grounds first that the applicant should be unmarried and second, no other member of the applicant's family must be in the government service, and that in the instant case, the applicant Smt. Archana Raiwani does not fulfill any of the above two conditions. Hence, this writ petition.

Respondent no.2 has filed the counter affidavit stating that deceased Dinesh Chandra Raiwani was working as Head Master in Govt. Higher Secondary School Bharapur Bhauri, Block Roorkee, District Haridwar, who died in harness in a road accident on 18.07.2013. As per the Rules known as Uttaranchal (Uttar Pradesh Recruitment of Dependants of Government Servant Dying in Harness Rules, 1974) Adaptation and Modification Order 2002 (First Amendment) 2004, the case of the petitioner is not covered inasmuch as the mother of the petitioner namely Smt. Kaushalya Devi is working on the post of Head Master in Govt. Junior High School Jual, Dwarikhal, District Pauri Garhwal. It is also stated that on 28.12.2015 the petitioner had submitted an application for compassionate appointment and along with her application the petitioner appended an affidavit wherein she categorically stated that no family member of the petitioner is working in government service, whereas the mother of the petitioner herself was in government service. Therefore, as per provisions of Dying in Harness Rules, the petitioner is not entitled for compassionate appointment.

Learned counsel for the petitioner would submit that although there is no provision for compassionate appointment of a married daughter under the Rules of 1974, but the Division Bench of this Court in Special Appeal No.187 of 2017 Udham Singh Nagar District Cooperative Bank Ltd. and another vs. Anjula Sing and others, has held that a married daughter would also fall within the definition of a 'family' and as such the petitioner is entitled to get appointment on compassionate ground. Learned counsel for the petitioner would also refer a judgment of this Court dated 02.07.2019 passed in WPSS No.2421 of 2007 Smt. Poonam Rawat vs. State of Uttarakhand & Ors. and would submit that in similar circumstances, this Court has issued a mandamus to the respondent to consider the case of the petitioner for appointment on compassionate ground under the 1974 Rules.

In the light of law pronounced by the Full Bench of this Court in SPA No.187 of 2017, this Court again reiterates that a married daughter shall also be held to fall within the definition of 'family' of the deceased Government Servant, for the purpose of being provided compassionate appointment under the 1974 Rules, provided she proves that she was dependent on her father at the time of his death. In WPSS No.2421 of 2017, it was proved on record that the petitioner Smt. Poonam Rawat was living with her mother along with her husband and child and no other family member was in government service, whereas in the case at hand neither there is any affidavit nor any pleading to the effect that the petitioner was dependent on her father i.e. the deceased employee at the time of death and moreso it has been brought on record by way of counter affidavit that the mother of the petitioner namely Smt. Kaushalya Devi is in government service and is posted as Head Master in Govt. Junior High School Jual, Dwarikhal, District Pauri Garhwal. In such view of the matter, no mandamus can be issued to the respondent to consider the case of the petitioner for appointment on compassionate ground.

Writ petition, being devoid of merit, is dismissed accordingly. No order as to costs.