Decided on December 03,2012

Dheeraj Mehra Appellant


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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