Sister Can't Claim Benefit Of Compassionate Appointment In Presence Of Wife Under 'UP Dying In Harness Rules': Allahabad High Court

The Allahabad High Court has held that as per the UP Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, the benefit of compassionate appointment cannot be given to a sister in the presence of a wife.

The bench of Justice Neeraj Tiwari observed that under the UP Dying in Harness Rules 1974 as amended by 2021 rules, a wife has the first right to a compassionate appointment, and in her presence, the Sister does not have the right to a compassionate appointment.

The case in brief 

One Mohini moved to the Court seeking direction to the state of UP and others to grant her compassionate appointment in place of her brother, a Safai Karmchari, who had died during the course of his service.

She contended that after the death of her father, the brother of the petitioner (son of deceased- employee) had been granted an appointment on the compassionate ground, however, he died in a road accident, and therefore, after his death, she should be given a direction to the respondents to provide her compassionate grounds.

On the other hand, the counsels for the respondents argued that as per Rules, 1974 read with amended Rules 2021, after the death of the deceased- employee (brother of the petitioner), the first right goes to the husband or wife, the second right goes to the son/adopted son, the third right goes to daughters (including adopted daughters) and widowed daughter-in-law, and the fourth right goes to unmarried brothers, unmarried sisters and widowed mother dependent on the deceased Government servant if the deceased Government servant was unmarried.

Against this backdrop, it was argued that there was no dispute that the deceased- employee was married and his wife has also raised a claim for an appointment on compassionate grounds after the death of her husband.

Therefore, as per the relevant Rules, the petitioner has no right of appointment after the death of the deceased- employee, and only respondent no. 4 (wife of the deceased Government servant) has the right to be appointed on the compassionate ground after death of her husband.

Court's observations

The Court observed that as per the Rules, the first right of appointment on the compassionate ground goes to husband or wife as the case may be in case of death of Government employee.

Against this backdrop, the Court observed that there was no dispute of the fact that deceased- employee was married and his wife is alive and also claiming appointment on compassionate grounds, therefore, the Court held that the wife of the deceased employee is only entitled to the appointment and no relief can be granted to the petitioner- sister.

Therefore, finding that the petition is having no force and is liable to be dismissed, accordingly, the writ petition was dismissed with aforesaid observations. So far as the claim of the petitioner about her maintenance is concerned, the Court left it open for her to seek appropriate remedy against respondent no. 4 (wife of her brother), if any Rule provides for the same.

Case title - Km. Mohini v. State Of U.P. And 2 Others [WRIT - A No. - 4174 of 2022]

Case citation: 2022 LiveLaw (AB) 381

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