Hemant Kumar vs Uttarakhand Jal Sansthan & others

V.K. Bist, J.

Notice was sent to the respondent no.5, by registered post. Office has reported that neither acknowledgment due nor undelivered envelope is

received back. Sufficient time has passed, therefore, service is found sufficient against respondent no.5.

Learned counsel for the petitioner is present. None is present for the respondents.

Heard.

This petition has been filed by the petitioner for quashing the order dated 26.04.2017 passed by respondent no.2, by which application of the

petitioner for compassionate appointment has been rejected on the ground that the application was moved after a lapse of five years.

The case of the petitioner is that the father of the petitioner Late Keshav Dutt was posted as Junior Fitter at Uttarakhand Jal Sansthan Ramnagar,

Nainital. Smt.Rajni @ Chandrakanta was his wife, who died on 24.09.1997, leaving behind her three sons and one daughter. Late Kehav Dutt died on

05.12.2011, due to heart attack. After the death, the petitioner moved an application before the respondent authorities for appointment on

compassionate ground.

One Smt. Munesh Devi, claiming to be the second wife of Late Keshav Dutt, filed Writ Petition (S/S) No.1492 of 2012 before this Court seeking

her appointment on the compassionate ground. On 11.10.2012, this Court directed the Competent Authority to consider her case for appointment on

compassionate ground.

It is the case of the petitioner that, in writ petition filed by Smt. Munesh Devi, petitioner and his brothers were not arrayed as parties. Thereafter,

petitioner filed Writ Petition (S/S) No.1665 of 2012 for his appointment under the Dying-in-Harness Rules and he also filed a recall application seeking

recall of the order dated 11.10.2012. On 26.11.2012, Writ Petition (S/S) No.1665 of 2012 filed by the petitioner was disposed of by directing the

Competent Authority to pass appropriate order on the application of the petitioner within a period of three months from the date of production of a

certified copy of the order. The competent Authority was further directed to decide the application of the petitioner as well as the application of

respondent no.5 (Smt. Munesh Devi) in accordance with law. The Competent Authority was also directed to pass a reasoned order.

It is also the case of the petitioner that the petitioner submitted his representation before the respondent authorities for claiming his appointment on

compassionate ground. According to the petitioner, the order passed by this Court on 26.11.2012 was served upon the respondent no.1 and he started

hearing of the claim of both the parties. On 12.04.2013, the petitioner as well as Smt. Munesh Devi submitted their respective representations before

the respondent no.1. It is submitted that, in view of this fact, it cannot be said that the claim was submitted by the petitioner after a lapse of five years.

On 22.9.2017, respondent nos.1 to 4 was given three weeks time to file counter affidavit. On 23.11.2017, four weeks further time was granted to

file counter affidavit. Lastly, on 15.6.2018 two weeks and no more time was granted to file counter affidavit. But no counter affidavit has been filed

by the respondent nos.1 to 4. Since no counter affidavit is filed, therefore, it will be assumed that the facts stated by the petitioner in the writ petition

are admitted to respondent nos.1 to 4.

Considering the submission of learned counsel for the petitioner and after going through the contents of the writ petition, I am of the view that

finding recorded by the respondent no.2 in the impugned order that the application of the petitioner for appointment on compassionate ground is given

after a lapse of five years is incorrect. Therefore, the writ petition deserves to be allowed on this ground alone.

Accordingly, the writ petition is allowed. Order dated 26.04.2017 passed by the respondent no. 2 is hereby quashed. Respondent authority is

directed to consider the case of the petitioner afresh, in accordance with law. Decision shall be taken within a period of six weeks from the date of

filing of certified copy of the order. Needless to say that the respondent authority will also keep in mind the order passed by this Court on 11.10.2012

passed in Writ Petition (S/S) No.1492 of 2012 and before passing any order, he shall afford an opportunity of hearing to Smt. Munesh Devi also.

There will be no order as to costs.