Court No. - 38
Case :- WRIT - A No. - 14345 of 2019 Petitioner :- Smt. Brajrani Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajesh Pathik Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 18.9.2019:-
"This writ petition is directed against an order dated 30th January, 2019, whereby petitioner's claim for compassionate appointment has been rejected on the ground that deceased employee had since committed suicide, as such, the benefit of compassionate appointment would not be available to the petitioner. The order is assailed on the ground that death would include a case of suicide also and the object of granting succor to the family would be frustrated in case petitioner's claim for compassionate appointment is denied.
Learned Standing Counsel may obtain instructions in the matter. Post as fresh on 30.9.2019."
Learned Standing Counsel has obtained instructions, which are taken on record. According to the instructions, petitioner is not entitled to grant of compassionate appointment, as the death of employee had occurred due to suicide and not due to any natural death.
The short question that arises for consideration in the facts of the present case is whether a case of 'suicide' would be covered within the definition of 'deceased government servant', so as to grant the benefit of compassionate appointment under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974. Rule 2(b) of the Rules of 1974 defines 'deceased government servant' to mean a government servant who died while in service. The rule does not make any distinction between the case of a death caused due to suicide. The object of grant of compassionate appointment otherwise is to provide relief for family in distress to tide over the sudden difficulty created due to death of the sole bread earner. The cause of death would not be of much relevance under the rules nor can be relied upon to deny a claim of compassionate appointment, if the rules otherwise permit grant of such compassionate appointment. In such circumstances, the order impugned dated 30.1.2019 cannot be sustained and is quashed.
Consequently, writ petition succeeds and is allowed. A direction is issued to the respondents to consider petitioner's claim for grant of compassionate appointment, in terms of the observations made above, within a period of two months from the date of presentation of certified copy of this order.
Order Date :- 30.9.2019 Anil