AI Structured Summary
Not yet generated for this judgment
Judgment
The present special appeal has been filed against the judgment and order dated 21.12.2010 passed by the learned single Judge. By the impugned judgment, the writ petition preferred by the Appellant seeking compassionate appointment in place of her father Vijay Prakash Saxena, who died-in-harness on 29.12.1991 has been dismissed.
It appears that the Appellant''s father Vijay Prakash Saxena was working as Accountant in the Uttar Pradesh Power Corporation. After his death, the family members of the deceased made an application for giving compassionate appointment to Pawan Saxena, the eldest male member of the family, who was appointed as Office Assistant -III in place of his deceased father. After sometime, some family dispute arose as it appears that the Appellant''s mother was not happy with the attitude of his eldest son and, therefore, she made complaint for the alleged misdeeds. She also sought appointment of her daughter, the present Appellant on compassionate grounds on the plea that Pawan Saxena had not been maintaining the family which was the spirit of giving compassionate appointment. The learned single Judge had dismissed the writ petition on the ground that once Pawan Saxena had been granted compassionate appointment merely because there was some dispute amongst the family members, and the service of Pawan Saxena had been terminated on account of certain misconducts, the Appellant can not be given compassionate appointment.
We have heard Sri Shesh Kumar, learned Counsel for the Appellant and have perused the judgment and order dated 21.12.2010 passed by the learned single Judge giving rise to the present appeal, the grounds taken in the memo of appeal and the documents filed along with it.
Sri Shesh Kumar, learned Counsel submitted that the very purpose of giving compassionate appointment is to tide over financial crises which the family of the deceased employee may face. As in the present case, Pawan Saxena did not maintain the family, the Appellant was well within her right to seek compassionate appointment in place of her deceased father. He further submitted that Pawan Saxena had been removed from the service on account of misconduct and one of the charges levelled against him was also for not maintaining the family of the deceased.
We are not impressed with the submission made by Sri Shesh Kumar as it is not in dispute that the Appellant''s brother was granted compassionate appointment on the joint application of all the members of the deceased family. Subsequently, if he attitude of Pawan Saxena has changed and he has not maintained the family of the deceased, it will not give a right to the family of the deceased to claim compassionate appointment of Anr. person of the family otherwise a situation will arise when the wife of the deceased will call the shots and make an application periodically for changing the appointment of the incumbent on compassionate grounds, which is not permissible under law.
There is no merit in this appeal, which is hereby dismissed.