Court No. - 58
Case :- WRIT - A No. - 18003 of 2018 Petitioner :- Vijay Pal Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Aslam Khan Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner's wife was working as Anganwadi Karyakatri, who has died on 3.4.2018. This petition has been filed with the grievance that deceased wife has left behind two minor children and that compassionate appointment be granted to petitioner himself or one of the minor sons. It is also stated that certain amount of honorarium due and payable to petitioner's wife has also not been released.
Learned Standing Counsel points out that Anganwari Karyakatri is a contractual appointment, and therefore, provisions of Dying in Harness Rules, 1974 do not apply. It is also stated that so far as claim of withheld honorarium is concerned, the same shall be examined by the authority concerned, in accordance with law.
Admittedly Anganwadi Karyakatri is a contractual appointment. It would not be covered within the definition of 'government servant' under the U.P. Recruitment of Dependants of Government Servant Dying in Harness Rules, 1974. No direction, therefore, can be issued to the authority concerned to consider grant of compassionate appointment to petitioner himself or one of the minor sons. It shall, however, be open for the petitioner to make appropriate application in case any amount of honorarium due and payable to petitioner's wife has not been released, which shall be considered by respondent no.3, within a period of three months from the date of presentation of certified copy of this order.
Subject to the aforesaid observations, this writ petition is consigned to records.
Order Date :- 24.8.2018 Ashok Kr.