VIR PRATAP SINGH Vs. UOI AND ANR.

JUDGEMENT

(1.) THIS writ petition highlights how in the name of compassion the policy of the Government to provide employment to the dependent of the deceased employee to save them from starvation, is being misused. We notice that gesture of the employer towards the dependents in consideration of the services rendered by the deceased employee, has in fact become akin to a right to inherit. We cannot lose sight of the fact that there is throat cut competition to seek public employment, but even after decades of the death of the employee, backdoor entry is being provided to the dependents of the deceased employee when the family has already overcome the crisis. This writ petition raises an important issue about the rights of the survivors of an employee who dies while in service, to seek employment on compassionate ground to overcome the crisis, to reserve a berth for them to be availed at their convenience.

(2.) A brief look at the facts of this writ petition reveals that the deceased Kunwar Pal Singh was working as C & W Fitter with the respondents. After a prolonged illness, he died on 22.05.1984. Family pension was sanctioned vide order dated 25.03.1985. On 26.12.1986, Smt. Urmila, widow of Kunwar Pal Singh filed an application with the respondents seeking 'registration' of her eldest son aged 6 years at that time, for employment on compassionate ground on his attaining the age of majority. There is an endorsement on the application by the respondents to get the request processed when her son (petitioner herein) attains the age of 18 years.

(3.) DURING verification the middle class (VIII Std.) certificate was found to be bogus by the Principal of Shiksha Sadan Inter College, Jatpura Sankhani, Bulandshahr (U.P.) who certified that the petitioner had never studied or was enrolled at Sl. No. 9825 in their institution and the certificate obtained by the petitioner was also not issued by the said institution. Consequently, on 12.01.2007 the claim of the petitioner to seek employment on compassionate ground was rejected by the respondents and prayer for reconsideration was also declined by the respondents vide communication dated 31.12.2007. However, the respondents preferred not to initiate any criminal action against the petitioner for filing bogus/fake school certificate to seek employment on compassionate ground and closed the matter by just intimating the petitioner that his act invited penal action.