Bhupendra Bhatt vs State Of Uttarakhand & Others

Sudhanshu Dhulia, J

The father of the petitioner was working as a Class - III employee in the outlying court of District Pauri Garhwal at Lansdowne, which is a court of Civil Judge (Junior Division), who died while in harness on 21.12.2014. The petitioner, who is the son of deceased employee, had applied for appointment on compassionate grounds under the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974.

On 15.05.2015, at the relevant time, the educational qualification of the petitioner was intermediate and he was 27 years of age, well within the eligibility criteria. In this case an inquiry was also conducted by the Additional District Judge, Kotdwar-Garhwal who has given a favorable report in favour of the petitioner but at the same time recommended that while giving the appointment on compassionate grounds, the financial condition of the petitioner may also be considered. The District Judge, Pauri Garhwal in its impugned order dated 29.11.2017, however, rejected the claim of the petitioner on grounds that after the death of the petitioner's father, the petitioner's family received an amount of Rs.22,05,899/-(Rupees Twenty Two Lakh Five Thousand Eight Hundred Ninety Nine Only) as retirement dues and pension was sanctioned in the name of petitioner's mother. As far as retirement dues are concerned, the same have been admitted by the petitioner, but as far as the family pension is concerned, the same is factually incorrect as the petitioner's mother pre-deceased her husband. The mother of the petitioner passed away in the year 2012 itself. Moreover, the financial condition though may have a relevant consideration but it is not stipulated in the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 while giving appointment to the petitioner.

Section 5 of the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 read as under:-

"5. Recruitment of a member of the family of the deceased.- (1) In case a Government servant dies in harness after the commencement of these rules and the spouse of the deceased Government servant is not already employed under the Central Government or a State Government or a Corporation owned or controlled by the Central Government or a State Government, one member of his family who is not already employed under the Central Government or a State Government or a Corporation owned or controlled by the Central Government or a State Government shall, on making an application for the purpose, be given a suitable employment in Government service on a post except the post which is within the purview of the Uttar Pradesh Public Service Commission, in relaxation of the normal recruitment rules if such person-

(i) fulfils the educational qualifications prescribed for the post,

(ii) is otherwise qualified for Government service, and

(iii) makes the application for employment within five years from the date of the death of the Government servant:

Provided that where the State Government is satisfied that the time-limit fixed for making the application for employment causes undue hardship in any particular case, it may dispense with or relax the requirement as it may consider necessary for dealing with the case in a just and equitable manner.

(2) As far as possible, such an employment should be given in the same department in which the deceased Government servant was employed prior to his death.

(3) Each appointment under sub-rule (1) should be under the condition that the person appointed under sub-rule (1) shall upkeep those other family members of the deceased Government Servant who are incapable for their own maintenance and were dependent of the abovesaid deceased Government servant immediately before his death.)"

This Court also directed the counsel for the respondent nos.2 & 3 to apprise as to the number of vacancies which are vacant in District Judgeship, Pauri Garhwal. This Court has been informed that the total number of Class IV posts sanctioned for District Judgeship, Pauri Garhwal are 60 and as on 13.11.2018, 37 persons are working and 23 posts are vacant.

In view thereof, the writ petition is allowed. A mandamus is hereby issued to the respondent authorities to give appointment to the petitioner either in outlying court of Lansdowne or anywhere District Judgeship of Pauri Garhwal, unless there is some ineligibility attached to the petitioner. Let the needful be done as expeditiously as possible but preferably within a period of six weeks from the date of production of a certified copy of this order.