GAURAV KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Tyagi, learned counsel for the petitioner, Sri Ashish Misra, learned counsel for respondents 2 and 3 and learned Standing Counsel for State.

(2.) The father of the petitioner died in harness on 1.4.2013. He was a permanent Class IV employee in the judgeship of Muzaffarnagar. He left behind his wife, two daughters and one son i.e. the petitioner. One of the daughter was married prior to his death, therefore, she was not his dependent. The petitioner herein being eldest child/son submitted application for compassionate appointment to the District Judge on 27.5.2013, whereupon a report was called from the Administrative Committee of the judgeship. The said report was submitted to the District Judge on 23.8.2013. The committee did not find the petitioner in need of compassionate appointment considering the financial condition of the family. It took note of the fact that an amount of Rs.11.00 Lakh was given to the family as post retiral-cum-death benefit subsequent to the death of the deceased. In addition to the said amount the family pension of Rs.9,000/= per months was being paid to the widow. Further the committee found that the family members own 3.5 Bigha of land allegedly situated in market are near Hapur-Delhi Highway. One of the factor considered by the committee was the past conduct of the deceased which according to them was not upto mark as he was visited with several punishments during his career.

(3.) The committee referred to various decisions of the Supreme Court and this Court and considering the financial condition of the family recommended to the District Judge that the petitioner is not eligible/entitled for being provided compassionate appointment as per the provisions contained in U.P. Recruitment of Dependents of Government Servant Dying in Harness Rules, 1974.