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Km. Preeti vs State Of U.P. Through Prin. Secy. ...

High Court Of Judicature at Allahabad|27 February, 2014


Heard Sri Dinesh Pratap Singh, learned Standing Counsel for the opposite parties and perused the material available on record.
Petitioner is an unmarried daughter of the deceased Late Shyam Lal Verma who was working with opposite parties and was regular employee. The father of the petitioner died in harness and the petitioner being unmarried daughter and dependent of late applied for appointment under Dying-in-Harness Rules.
Her case has been rejected by Chief Medical Officer vide order dated 2 November 2011. The case has been rejected mainly on the ground that the brother of the applicant is working in a Bank on a respectable post and secondly that the mother of applicant is getting pension. As such the Chief Medical Officer has informed that the family conditions are not as bad as to warrant appointment under Dying-in-Harness Rules.
Counter affidavit has been filed by the opposite parties in which the same ground has been reiterated in para 3. No other ground has been taken in the counter affidavit. Petitioner has filed rejoinder affidavit and submitted that she has the qualification of B.A. and B.Ed. and knows the typing work also. The petitioner is an unmarried daughter and the brother has already left the house and living separately. He is posted outside the city at the time of death he was posted at Kolkata. As such he is not looking after the unmarried sister and mother. The petitioner is totally dependent on herself and the pension of the mother. In para 5 of the rejoinder affidavit the petitioner has submitted that even during the life time of the father of the petitioner a heavy loan was borrowed from the Banks for the purpose of marriage of his elder daughter. The loan has not been refunded till date and the major amount of pension goes towards that.
There is no support from the brother who is living separately and as such the petitioner who is of marriageable age is facing great hardship due to the untimely death of her father. The meager amount of pension which the mother is getting is used up for repayment of the loans and there are conditions in which the petitioner is in dire need of money and the same has been denied to her by the opposite parties.
The petitioner has raised the legal question that under the U.P. Dying-in-Harness Rules there is no power with the opposite parties to go in for an assessment of income and expenditure. This is very subjective matter and nobody under the Rules has been given this authority to assess the family's finances.
There is no evidence that the Chief Medical Officer has made any inquiry about the family's resources or whether she has got any information about the loans etc. The Chief Medical Officer under the Rules was not entitled to make such comment which was not based on proper inquiry. As such her personal opinion cannot be used for rejection of the case of the petitioner. The impugned order of rejection is per-se illegal, without authority and without compassion.
Order rejecting the appointment of the petitioner is accordingly set aside and opposite parties are directed to consider the case of the petitioner to give appointment under Dying-in-Harness Rules forthwith.
It is needless to mention that these Rules have been legislated in order to see that the family of the deceased employee is not put to financial hardship due to sudden demise of the bread earner of the family. Any delay in this regard would defeat the purpose of legislation. Accordingly, an expeditious disposal of the case of the petitioner is expected from the opposite parties.
In view of the aforesaid observation, this writ petition is deserves to be allowed and is hereby allowed.
Order Date :- 27.2.2014 IrfanUddin
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Km. Preeti vs State Of U.P. Through Prin. Secy. ...


High Court Of Judicature at Allahabad

27 February, 2014
  • Shabihul Hasnain