Court No. - 58
Case :- WRIT - A No. - 25987 of 2018 Petitioner :- Jyoti Pal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Lavkush Kumar Bhatt Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This writ petition has been filed for a direction upon the respondents to appoint the petitioner on compassionate basis, on account of the death of petitioner's husband on 31st December, 2015. The appointment is being sought by the petitioner, being the widow of the deceased. As this claim has not been considered, the petitioner is before this Court.
While entertaining the writ petition, following orders were passed on 10th December, 2018:-
"Learned Standing Counsel may obtain instructions from Director of Education (Secondary U.P., Lucknow) as to whether any reply has been given to the District Inspector or Schools, Kannauj in response to his letter dated 08.01.2017 contained in Annexure-9 to the writ petition.
Put up as fresh on 19.12.2018."
Pursuant to the aforesaid orders, learned Standing Counsel has obtained instructions from the Director of Education, U.P., Lucknow, dated 17th December, 2018, which is taken on record. As per the instructions, the District Inspector of Schools, Kannauj, had sought guidance in the matter from the Director of Education, vide letter dated 8th January, 2018 and it is alleged that reference of the year 2017 was inadvertent. It is also stated that a reply has already been sent vide letter of the Director of Education on 16.4.2018 and, therefore, there is no justification for any further guidance to be provided by the respondents.
From the letter which has been placed on record it appears that after the death of the deceased a first information report was lodged by the sister of the deceased attributing death of petitioner's husband to have been caused by the petitioner herself. A final report in the matter was submitted. It appears that a protest petition was thereafter filed which has also been rejected by the competent authority. Aggrieved by such orders, the sister of the deceased has approached this Court by filing a Criminal Revision No. 3282 of 2016 in which notices have been issued on 24th October, 2016. The order dated 24th October, 2016 passed in Criminal Revision is also extracted hereinunder:
"Heard learned counsel for the revisionist and learned A.G.A. for the State respondent.
The present revision has been filed for setting aside the order dated 16.9.2016 passed by Chief Judicial Magistrate, Farrukhabad in misc. case no. 782/11 of 2016 (case crime no. 363 of 2015), whereby application of the revisionist has been rejected and final report submitted by the Investigating Officer has been accepted.
Issue notice to the respondents no. 2 to 5 returnable within four weeks. Steps be taken within a week.
Learned A.G.A. prays for and is granted four weeks time to file counter affidavit. The respondents no. 2 to 5 may also file counter affidavit within the said period. As prayed by the learned counsel for the revisionist two weeks thereafter is granted for filing rejoinder affidavit.
List after expiry of the aforesaid period."
The aforesaid criminal revision is stated to be pending. It is on account of pendency of the aforesaid revision, that the authorities have not examined the petitioner's claim for grant of compassionate appointment.
From the facts recorded above, it is apparent that as on date there is no charge framed against the petitioner of having been responsible for the murder of her husband. The object of grant of compassionate appointment is to help the family in distress to tide over sudden difficulty created for the family due to death of sole bread earner. In case the claim of petitioner for grant of compassionate appointment is deferred awaiting disposal of the criminal revision it is possible that the very object of granting compassionate appointment might get frustrated. Even otherwise, a final report has been lodged in the matter and the protest petition has also been rejected. Mere pendency of the criminal revision, ought not to be construed as a matter adverse to the petitioner for the purposes of consideration of claim for compassionate appointment. The consideration of the application for compassionate appointment however can be made subject to the outcome of the criminal revision and the authorities would be justified in putting a condition that any appointment offered would abide by the ultimate adjudication made in the matter.
This writ petition accordingly stands disposed of with a direction upon the authorities concerned to accord consideration to the petitioner's claim for grant of compassionate appointment keeping in view the observation made above, by passing a reasoned order, within a period of three months from the date of presentation of a certified copy of this order.
Order Date :- 19.12.2018 Ranjeet Sahu