UMA KANWAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Husband of the petitioner was engaged as plant attendant on daily wage basis on 23.2.1991 in the respondent corporation as can be inferred from communication dated 23.2.1991 (A-1). Since husband of the petitioner expired in harness on 6.9.1997, petitioner being her dependant filed an application dated 21.11.1997 to the respondent-corporation, praying therein to offer her appointment on compassionate grounds Pursuant to aforesaid request made by the petitioner, she was offered job of Clerk on daily wage/muster-roll basis for a period of 89 days and as such, continued till 4.11.2004, whereafter on the basis of the decision dated 30.9.2004, taken by the Board of Directors of the Corporation, petitioner was allowed consolidated salary of Basic Pay + DA of her respective grade i.e. Rs. 5120/- on compassionate grounds (A-3). In the year, 2007, respondent Labour department opened a new office of sub office employment exchange at Sujanpur, which provided the opportunity to the petitioner to join as Clerk in the said exchange on the secondment basis. Consequent upon approval of the respondent Government for permanent absorption of the employee of respondent No.3-corpporation against the vacant post of clerk, applicant was ordered to be absorbed in respondent No. 2-department with immediate effect in the pay scale of Rs. 5910-20200+1900 GP as is evident from order dated 2.12.2011 (Annexure A-6). Since her absorption, petitioner has been working continuously with respondent department till date. By way of instant petition, prayer has been made on behalf of the petitioner to issue direction to respondent No.2-corporation to include the duration of period rendered by her husband in the respondent corporation in her service length for the purpose of seniority, pension and other benefits. In the aforesaid background, petitioner approached the Erstwhile HP State Administrative Tribunal by way of original application, which after abolishment of the same, now stands transferred to this Court for adjudication, praying therein for following main reliefs:-

(2.) Having heard learned counsel for the parties and perused pleadings adduced on record by the respective parties, this Court finds no merit in the petition and same deserves outright rejection. It is not in dispute inter-se parties that petitioner came to be appointed as clerk on daily wage basis in the respondent corporation on compassionate grounds after the death of her husband, who was working as daily wage plant attendant in the respondent corporation. Though, in the case at hand, petitioner at the first instance was offered job on muster-roll basis for 89 days, but having taken note of her indigent condition, Board of Directors of respondent No.3 not only allowed her salary/pay scale of Rs. 5910+20200+1900 GP on compassionate Grounds, but also placed her services on the secondment basis in the department of respondent No.2, wherein admittedly, she came to be absorbed permanently vide order dated 2.12.2011 (A-6).

(3.) There is/are no law/instructions, which provide for counting of length of service of deceased employee for grant of service benefits etc. to his dependant on his/her appointment on compassionate grounds. Otherwise also, compassionate appointment, if any, offered to the dependant of deceased employee cannot be said to be continuation of service, which was being rendered by the deceased employee prior to his/her death, rather same for all intents and purposes is required to be considered as a new appointment.