Court No. - 33
Case :- WRIT - A No. - 14309 of 2020 Petitioner :- Vivek Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- M J Akhtar 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 grant compassionate appointment to the petitioner consequent upon death of her maternal grand mother. Claim of compassionate appointment appears to have been raised on the basis of a will and it is alleged that monetary benefits have already been received by the petitioner.
The claim of petitioner is opposed on the ground that petitioner would not be included in the definition of family as is defined in U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974. Rule 2(c) of the Rules of 1974 reads as under:-
"2(c) "family" shall include the following relations of the deceased Government servant:
(i) Wife or husband;
(ii) Sons;
(iii) Unmarried and widowed daughters;"
Petitioner is the son of the deceased daughter of late Kalawati Devi. Being the daughter's son, petitioner would not be covered within the definition of family. No direction, therefore, can be issued to consider petitioner's claim for grant of compassionate appointment.
Payment of monetary benefits on the basis of will is an issue separate and distinct from grant of compassionate appointment and merely because monetary benefits have been given to the petitioner would not mean that he becomes entitled to grant of compassionate appointment also.
The writ petition is dismissed, accordingly.
Order Date :- 6.1.2021 Ranjeet Sahu