Kamla Yadav vs State Of Chhattisgarh

This petition under Article 226 of the Constitution of India has been filed by the petitioner seeking for the following reliefs:

“(i) That, the Hon'ble Court may kindly be pleased to call for entire records pertaining to the petitioner's husband (Shivcharan) from the department.

(ii) That, the Hon'ble Court may kindly be pleased to direct the respondent authorities to provide appointment to the petitioner as per rules issued by the State Government dated 30.04.2016.

(iii) That, any other relief, which the Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be granted in favour of the petitioner.”

Brief facts of the case as projected by the petitioner are that, an order dated 14.01.2016 was issued by the respondent no. 3, whereby the petitioner's husband Shivcharan Yadav, son of deceased Smt. Janki Bai Yadav was appointed on the compassionate ground in place of his mother on the post of Peon and was posted at Govt. Higher Secondary School Tarbahar, Block Bilha, District Bilaspur (C.G.). Vide order dated 01.09.2016 issued by the respondent no. 3 the service of petitioner's husband has been terminated with immediate affect by reason stating that Shivcharan has not been found eligible for appointment in the Government service with regard to verification of character and so on letter dated 06.09.2016 issued by the Principal of Higher Secondary School Tarbahar Bilaspur to the petitioner's husband with regard to termination of service with immediate affect.

An application on 12.09.2016 submitted to the respondent no. 2 by petitioner's husband to appoint in place of petitioner on the ground of the character certificate has not been obtained from the Court, where the criminal cases against the petitioner's husband (Shivcharan) is pending. An application dated 17.10.2016 was submitted to the respondent no. 2 by father in law of the petitioner to appoint on compassionate ground in place of petitioner's husband (Shivcharan) by reason stating that no other member is there to afford the economical need of the family, as the petitioner's husband is not shouldering any responsibility and other members of family i.e. elder son and daughter has no objection if the appointment is provided to the petitioner. An application with duly filled in by the petitioner for appointment on compassionate ground in place of her husband along with declaration form, and the death certificate of mother in law, education certificates of class 5th, 8th and High School examination of the petitioner, hence this petition.

Learned counsel for the petitioner submits that the respondent authorities has not considered an application dated 12.09.2016 submitted by the petitioner's husband before termination to appoint the petitioner in place of him, as the character certificate could not obtain from the Court, where criminal cases was pending and was under trial. the petitioner's husband has not been served any show cause notice before termination order dated 22.10.2016, which is against the natural justice, as the petitioner's husband was already brought into the knowledge of respondent authority that criminal cases is pending and in this regard, an application dated 12.09.2016 was submitted, but no opportunity of hearing was given.

The petitioner's father in law was also submitted an application dated 17.10.2016 to appoint the petitioner before the termination of petitioner's husband. The respondent authorities issued order dated 22.10.2016 wherein reason stating that the appointment is not transferable to the daughter in law of deceased government employee namely Smt. Janki Bai and by letter dated 30.04.2016 issued by the Government of Chhattisgarh, Ministry of Department of General Administration, New Raipur, the appointment on compassionate ground can also be given to the daughter in law (Putra Vadhu).

The criminal offence has not been proved and convicted by the learned Court, the removal/termination from service is illegal, so during service the petitioner's husband and father in law of the petitioner desired to appoint to the petitioner and application was submitted on 12.09.2016 and 17.10.2016. Therefore, the respondent authorities may be directed to provide appointment to the petitioner as per rules issued by the State Government dated 30.04.2016.

Learned counsel for the respondents strongly opposed the prayer of the petitioner submits that the well settled law with regard to compassionate appointment is that, the purpose of giving compassionate appointment to a dependent of deceased government servant in harness is to help the family of deceased government employee to tie over the immediate financial crises which arises due to certain demise of the bread earner of the family. The purpose of giving compassionate appointment is also to overcome the situation of sudden penury which arises upon the death of the bread winner of the family. Late mother-in-law of the petitioner was an employee of the State Government and as such the service terms and condition applicable upon the government employees of the State was also applicable upon the mother-in-law of the petitioner.

The compassionate appointment ought not to be treated as a windfall or largesse of the State. In accordance with the policy of the State the husband of the petitioner i.e. Shivcharan Yadav S/o. Late Smt. Janki Bai Yadav was appointed on the post of Peon on compassionate ground vide order dated 14/01/2016 and was posted at Govt. Higher Secondary School, Tarbahar, Block Bilha, District Bilaspur. After appointment of the petitioner's husband, the case of the petitioner's husband was sent for verification and on verification, it came to the notice that against the petitioner's husband 04 crimes were registered at Police Station Taar Bahar, District Bilaspur.

Apart from the aforesaid 04 crime, there were 3 Istagasa were registered against the husband of the petitioner at Police Station Taar Bahar, District Bilaspur and therefore the Additional Director General of Police, Intelligence, Special Cell, Police Headquarter vide its letters dated 09/05/2016 and 27/07/2016 informed to the respondent authorities that the petitioner's husband is not fit for government services and therefore vide order dated 01/09/2016 the services of the petitioner's husband was terminated. Copies of all letters are Annexure R-1. The petitioner knowingly the above fact has submitted an application for considering her case for appointment on compassionate ground, however, the said application of the petitioner has been rejected vide order impugned dated 22/10/2016 (Annexure P-1) by a well-reasoned and speaking order and there is no illegality or arbitrariness in the same.

As per clause 20(2) of the circular of the State Government dated 14/06/2013 (Annexure R-2), it has been specifically mentioned that the appointment given on compassionate ground to a family member of the deceased employee to any other member is not transferable and therefore the petitioner is not entitled for appointment on compassionate ground, therefore, this petition is without any merit and liable to be dismissed.

I have heard the contentions put forth by learned counsel for the parties and perused the material available on the record.

It is an admitted fact in this case that Smt. Janki Bai (mother-in-law of petitioner) was posted in the government school on the post of Peon and died on 18.11.2015 and petitioner’s husband Shivcharan Yadav was appointed on compassionate ground on 14.01.2016 and was posted at Govt. Higher Secondary School Tarbahar, Block Bilha, District Bilaspur.

The petitioner’s husband submitted an application on 12.09.2016 to the respondent No.2 for appointment on compassionate ground to the petitioner in place of petitioner’s husband. The reason stating that the criminal case is pending before the Court, hence a character certificate could not obtained and so on an application on 17.10.2016 submitted by the father-in-law of the petitioner to appoint to the petitioner in place of the petitioner’s husband. The reason stating that no other member is there to afford the livelihood of the father-in-law and the petitioner’s husband is not in a position to afford the economical need of the family members, but the respondent no.3 has terminated the husband of petitioner vide letter dated 22.10.2016 on the ground that the appointment on compassionate ground given to any member is not transferable and is not possible to appoint petitioner i.e. daughter-in-law of the deceased employee Smt. Janki Bai.

Learned counsel for the petitioner submits that the main issue to be decided in this case is that ‘whether such interpretation of the respondents is tenable or not ?’ the matter is not a transfer of job, but it is a petitioner’s fresh application for her appointment as eligible candidate of the family of the deceased to get job on compassionate basis.

Learned counsel for the respondents relied upon a circular dated 14.06.2013 (Annexure R/2), which provides that appointment given on compassionate ground to a family member of the deceased employee to any other member is not transferable. Para 20 of circular dated 14.06.2013 reads as under:

The respondents denied appointment order to the petitioner on the ground that the appointment is not transferable to any other member, but in this case, it is clear from Annexure P/1 that the services of the petitioner’s husband Shivcharan Yadav was terminated by the respondents, who was appointed on compassionate ground in place of his mother Smt. Janki Bai.

According to the petitioner, before termination no show cause notice was issued to the petitioner’s husband and services of her husband was terminated vide order dated 01.09.2016 (Annexure P/3), therefore, presently no family member is working in the respondent Department on compassionate ground due to death of late Smt. Janki Bai, therefore, it is not a case, where the petitioner demanded any transfer of services, but in this case petitioner demanded compassionate appointment due to ineligibility of her husband for want of character certificate.

It is clear from the documents that Shivcharan Yadav was appointed on 14.01.2016 and he was removed from service on 01.09.2016, therefore, it is clear that no family member of deceased Smt. Janki Bai is working. Father-in-law of the petitioner (husband of late Smt. Janki Bai) also demanded service of petitioner. As per government circular daughter-in-law is also entitled for compassionate appointment and as per policy of the State Government, the purpose of giving compassionate appointment to the dependent of deceased government servant in harness is to help the family of the deceased government employee to tie over the immediate financial crises, which arises due to certain demise of the bread earner of the family.

It  is  an  admitted  position  that  late  Smt.  Janki  Bai  was  a

9

government servant, who was employed in the Govt. Higher Secondary School Tarbahar, Block Bilha, District Bilaspur on the post of Peon and expired on 18.11.2015. The respondents appointed the Shivcharan Yadav on compassionate ground, but after 9 months his services were terminated by the respondents. As such, presently there is no one working in the family of the petitioner.

Looking to the aforesaid facts and circumstances of the case, this petition is allowed. The respondents are directed to scrutinize the case of petitioner and give appointment, if she found eligible as daughter-in-law give appointment to the petitioner on compassionate appointment. Let this exercise be completed by the respondent authorities within a period of 04 months from the date of receipt of copy of this order.

With the aforesaid observations and directions, the present writ petition stands allowed and disposed of.