DHEERAJ MEHRA Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
STATE OF UTTARAKHAND
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KALYAN JYOTI SENGUPTA, J. -
(1.) WRIT petition has been amended taking note of the order dated
19.10.2007 by which the prayer for compassionate appointment was rejected on the ground mentioned therein.
(2.) THE short fact of the case is that the petitioner is the son of second wife of one Late Sri Tribhuvan Singh Mehra who was in service
as Patwari at Tehsil Dhari in the District of Nainital. He died in
harness on 01.11.1998. At the time of the death, the petitioner was aged
about 11 years and was studying in class -VI. It is an admitted position
that on the death of Late Sri Tribhuvan Singh Mehra, Smt. Tara Devi, who
is the first wife and widow of the deceased, was offered for the
appointment by the Department, however, she refused. Instead she insisted
that appointment should be made in favour of the petitioner when he would
attain majority. Taking into consideration of his representation, the
respondents rejected the claim for compassionate appointment on the
ground that second wife of Late Sri Tribhuvan Singh Mehra, and the mother
of the petitioner is still in Government employment.
(3.) THE Honble Supreme Court has already laid down the criteria for granting compassionate appointment. It is undisputed that second
wife, first wife - Smt. Tara Devi and the petitioner are living in the
same place, mess and same family. Under the circumstances when one of the
members of the family is in Government employment, it cannot be said that
family is in distressed condition for which compassionate appointment is
required. Moreover, the respondents offered appointment on compassionate
ground to Smt. Tara Devi (first wife of the deceased) who refused to
accept the same. Compassionate appointment is not a matter of right and
can be given according to convenience and choice of the petitioner.
Moreover, the financial condition of the family was and still is not so
penurious that without compassionate appointing family cannot survive
even after the death of the bread earner.
Under these circumstances, I think that order passed by the respondents is just and proper and does not call any interference.
However, taking note of the fact that the employment of the second wife
is not having any correlation to the claim of compassionate appointment
and Smt. Tara Devi refused on the plea that son of second wife should be
given appointment, I think the respondents may consider this aspect.;
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