MOHINI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned standing counsel for respondent no. 1, Sri Yashwant Singh, learned counsel for respondent nos. 2 and 3 and Sri S.N. Pandey, learned counsel for respondent no. 4. Present petition has been filed with following prayers;

(2.) Learned counsel for the petitioner submitted that father of petitioner was working on the post of "Safai Karmchari Ward 99/107" at Nagar Nigam, Kanpur and during the course of service, he died. After his death, brother of petitioner (son of deceased- employee) has been granted appointment on compassionate ground under the provisions of U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as "Rules, 1974") as "Safai Karmchari" to cater the need of all family members dependent upon deceased- employee including petitioner- sister. Unfortunately, in a road accident, brother of petitioner also died on 16/10/2021. After his death, her mother has given consent for appointment of petitioner on compassionate ground. Petitioner has filed representation dtd. 1/12/2021 before respondent no. 2 for appointment, which is pending for decision, therefore, a direction may be issued to respondent no. 2 to decide the same and appoint the petitioner on compassionate ground under the provisions of Rules, 1974 amended vide The Uttar Pradesh Recruitment of Dependants of Government Servants Dying In Harness (Twelfth Amendment) Rules, 2021 (hereinafter referred to as "Rules, 2021).

(3.) Learned counsels for the respondents objected the submissions raised by learned counsel for the petitioner and submitted that as per Rules, 1974 readwith amended Rules 2021, definition of family is given in order of hierarchy. After death of deceased- employee, first right goes to husband or wife, second right goes to sons/ adopted sons, third right goes to daughters (including adopted daughters) and widowed daughter-in-law and fourth right goes to unmarried brothers, unmarried sisters and widowed mother dependent on the deceased Government servant, if the deceased Government servant was unmarried. He next submitted that in the present case, there is no dispute that deceased- employee was married and his wife has also raised a claim for appointment on compassionate ground after death of her husband. Therefore, as per Rules, 1974 readwith amended Rules 2021, petitioner has no right of appointment after death of deceased- employee and respondent no. 4 is only having right to be appointed on the compassionate ground after death of her husband.