LAWS(ALL)-2024-4-115

MUKTI NATH GIRI Vs. STATE OF U.P

Decided On April 12, 2024
Mukti Nath Giri Appellant
V/S
STATE OF U.P Respondents

JUDGEMENT

(1.) This writ petition has been instituted by Mukti Nath Giri and his son Sunil Giri, praying that a writ in the nature of mandamus be issued, directing the respondents to release the entire retiral dues payable on account of the services of the Smt. Durgawati Giri, a Constable in the Police and payable to the petitioners. The retiral dues include the deceased's provident fund, group insurance, gratuity etc. They claim the aforesaid outstandings together with due interest. There is a further relief sought by the petitioners and that is to consider their claim for a compassionate appointment in accordance with rules, as Durgawati Giri died in harness.

(2.) The brief facts giving rise to this writ petition are these: Smt. Durgawati Giri was a Constable (Women) in the Uttar Pradesh Police. She was appointed on 1/12/1980. She died in harness on 9/7/1991. The service conditions of Smt. Durgawati Giri were governed by the U.P. Police Regulations, which, according to the petitioners, postulate that one member of the deceased's family is to be granted compassionate appointment in case of death in harness. It is also said the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (for short, 'the Dying in Harness Rules') are applicable in case of a police constable dying in harness. The petitioners say that after Smt. Durgawati Giri passed away on 9/7/1991, they received a letter dtd. 29/12/1993 from the Superintendent of Police, Hardoi, where the employee was posted at the time of her demise, regarding provision of pensionary benefits as well as the other due benefits, to which the petitioners are entitled in law. The Superintendent of Police required the petitioners to produce an order from the Court of competent jurisdiction, entitling them to receive pension and other dues earned by Smt. Durgawati Giri.

(3.) The petitioners applied for the grant of a succession certificate to the Civil Judge (Sr. Div.), Deoria under Sec. 372 of the Indian Succession Act, 1925 (for short, 'the Succession Act'). The petitioners' case was registered as Case No. 146 of 1999. It appears that one Rakesh Bihari Srivastava, his sons Anand and Vikas, and daughter Pragati, claimed to be Smt. Durgwati's husband and children, respectively. It appears that Rakesh Bihari Srivastava had come up with a case that Durgawati had a child marriage with Mukti Nath Giri, but after attaining majority, she had secured a divorce from him. She married a second time Rakesh Bihari Srivastava and had three children born of the wedlock with Srivastava. She had made an application before the Superintendent of Police, Hardoi on 1/7/1991, informing him of her child marriage to the first petitioner, Giri and her divorce with him upon attaining majority. She also intimated the S.P. of the fact of her second marriage to Srivastava.