# Ram Chandra Pathak v. State of U.P. through Secretary and others

- **Citation:** (2003) 2 ILRA 390
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2003-03-03
- **Case number:** Civil Misc. Writ Petition No. 37817 of 2001
- **Bench:** S.N. Srivastava
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/ram-chandra-pathak-v-state-of-u-p-through-secretary-and-others-40117
- **Pages:** 5

## Headnote

Constitution of India: Article 226 -
Compassionate appointment - denied on
the ground that widow is getting post
retrial benefits apart from pension of
Rs.3099/- per month applicant suffering
heavy financial crises due to long terms
of treatment of her husband - held
laconic order without disclosing any
reason - illegal - direction issued for
reconsideration in view of observation
made in the judgment.

Held - para 13

The recording of reason is yet another
aspect
constituting
an
essential
competent of natural justice, which all
the authorities exercising power under
the scheme or rules are required to do.
As stated supra, a laconic order has been
passed and no reasons have been
assigned. The laconic order cannot be
upgraded to the pedestal of an order
based on reasons. The basic principle of
Constitution makes it imperative for
administrative authorities clothed with
the
duty
to
decide
something
on
consideration of policy or scheme, to act
judicially
as
a
hedge
against
arbitrariness. It is in this conspectus that
reasons are the imperative requirements
for an administrative authority and in
the instant case, the authorities having
not assigned any reason, have acted in
antagonism of the basic principles of the
Constitution and as such the order
cannot be sustained.
Case law discussed:
2000 (3) ESC 1618 (SC)

## Text

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 INDIAN LAW REPORTS ALLAHABAD SERIES [2003
390
hand, there is a continuing obligation of
the State in respect of pension retirees. In
the present case on the absorption of an
employee holding non-pensionable post in
the Corporation, obligation of the State
Government came to an end. These
employees became employees of the
Corporation and started subscribing to the
EPF after transfer of the fund, from their
account to EPF. They became members of
the employees provident fund. The State
Government
was
not
required
to
contribute towards their pension fund as
in the case of employees who were
holding, pensionable post. Their rights as
such crystallized on the date of their
absorption in the Corporation in the year
1982. Now after their retirement, having
received the retrial benefits and having
ceased the relationship as employees of
the corporation they cannot agitate their
rights after long period of the time. They
form a different class than the employees
of
the
State
Government
holding
pensionable
posts
on
the
date
of
absorption.

All the writ petitions are, accordingly
dismissed.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 03.03.2003

BEFORE
THE HON'BLE S.N. SRIVASTAVA, J.

Civil Misc. Writ Petition No. 37817 of 2001

Smt. Padma Pathak

...Petitioner
Versus
Managing Director, Punjab Natioal Bank,
New Delhi and another ...Respondent

Counsel for the Petitioner:
Sri K.P. Agrawal
Sri B.P. Singh
Sri Suman Sirohi

Counsel for the Respondents:
Sri K.L. Grover
Sri Ramesh Singh

Constitution of India: Article 226 -
Compassionate appointment - denied on
the ground that widow is getting post
retrial benefits apart from pension of
Rs.3099/- per month applicant suffering
heavy financial crises due to long terms
of treatment of her husband - held
laconic order without disclosing any
reason - illegal - direction issued for
reconsideration in view of observation
made in the judgment.

Held - para 13

The recording of reason is yet another
aspect
constituting
an
essential
competent of natural justice, which all
the authorities exercising power under
the scheme or rules are required to do.
As stated supra, a laconic order has been
passed and no reasons have been
assigned. The laconic order cannot be
upgraded to the pedestal of an order
based on reasons. The basic principle of
Constitution makes it imperative for
administrative authorities clothed with
the
duty
to
decide
something
on
consideration of policy or scheme, to act
judicially
as
a
hedge
against
arbitrariness. It is in this conspectus that
reasons are the imperative requirements
for an administrative authority and in
the instant case, the authorities having
not assigned any reason, have acted in
antagonism of the basic principles of the
Constitution and as such the order
cannot be sustained.
Case law discussed:
2000 (3) ESC 1618 (SC)

(Delivered by Hon'ble S.N. Srivastava, J.)

1. Petitioner, widow of Suresh
Chandra Pathak, claim appointment on
compassionate ground under the scheme
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2 All] Ram Chandra Pathak V. State of U.P. through Secretary and others
391
for employment of the dependents of the
employees dying in harness (hereinafter
referred to as the Scheme).

2. It transpires from the record that
the
petitioner's
husband
died
on
06.04.1999 leaving behind four minor
children and petitioner and on 20.04.1999
the petitioner moved an application for
compassionate appointment on the ground
that she had no source of livelihood to fall
back upon. The claim of the petitioner
was rejected by order-dated 30.09.2000,
Annexure-5 to the writ petition, which is
impugned in the writ petition. The laconic
ground spelt out in the order is that the
application of the petitioner did not find
favour with the authorities.

3. Learned counsel for the petitioner
urged that the order does not contain any
reason, It has not disclosed why and how
petitioner
was
not
found
fit
for
appointment under the scheme. He further
urged that she has no source of livelihood.
He further submitted that mere payment
of certain amount towards the Provident
Fund, Gratuity, Benevolent Fund, Leave
Encashment and ex-gratia, Life Insurance
cannot be a ground for rejection of
appointment on compassionate ground. It
is further submitted that in the facts and
circumstances of the case where it is clear
from the own report of the department
that there was no earning member in the
family that there was no source of Income
to fall back upon and the fact that there
were four minor children dependent on
the widow the petitioner was entitled to
get employment.

4. Sri K.L. Grover, learned Senior
Advocate assisted by Sri Ramesh Singh
appearing for the Bank urged that order
was rightly passed in accordance with law
and having regard to the spirit of the
Scheme. However, he not draw attention
to any material on record in order to show
reason justifying rejection of appointment
on compassionate ground.

5. I have considered the arguments
canvassed on behalf of the learned
counsel for the parties. The following
facts emerge from the record.

6. According to the own report of
the Bank submitted to the Deputy General
Manager (Personnel), New Delhi dated
22.05.1999, Annexure-8 to the writ
petition, Suresh Chandra Pathak died
leaving behind the petitioner and four
minor children and that he had put in 26
years of service on the date of death i.e.
06.04.1999.
The
department
vide
Annexure-8 opined that petitioner was
eligible
for
appointment
under
the
Scheme. It would be borne out from the
word 'Yes' marked against the column,
which signifies that the petitioner was
eligible
for
appointment
under
the
scheme. What were the terminal dues paid
to the window of the deceased may be
excerpted
below
for
consideration
whether the authorities were justified in
holding those due to be sufficient means
for the deceased family to keep the pot
boiling.
Amount of Terminal Dues
a.
P.F.
(Employee's/employer's
Contribution

Rs.97,019.38
b. Gratuity

Rs.95,369.00
c. Benevolent Fund
Rs.40,000.00
d. Leave Encashment Rs.61,080.64
e. Ex-Gratia

Rs.15,000.00
f. Others

Rs. 5,000.00
g. Details of L.I.C.
Rs.15,352.00
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 INDIAN LAW REPORTS ALLAHABAD SERIES [2003
392
7. Besides the above, it is also
indicated in the record that petitioner was
having a self occupied residential house
the cost of which has been assessed to the
extent of Rs. two lacs. The report further
spells out that there was no source of
income to fall back upon. Indisputably, no
member of the family has been in
employment which fact is implied from
the word 'Nil' in the column 'family
pension payable'.

8. Though all these materials are
available on record, impugned order,
Annexure-5 to the writ petition, it
appears, has been passed mechanically
sans application of mind by the authority
to the most material and vital aspects and
the application was rejected without
assigning any reason. The order is quoted
below:

"The matter has been examined by
Head Office and the request made by the
widow for employment to her in the bank
on compassionate ground has not found
favour with the authorities."

9. It is obvious from the perusal of
letter submitted by Smt. Padma Pathak
petitioner
to
the
authorities
for
compassionate appointment that husband
of petitioner was affected with cancer and
he succumbed to the dreaded disease on
06.04.1999 and further that the treatment
of the deceased entailed huge expenses
which led the petitioner to seek loan both
from relatives and from outside i.e.
money-lenders on heavy interest and in
the circumstances most of the terminal
benefits were used up in repayment of
loan and interest and she was hardly left
with any where-withal to sustain herself
and her family out of the terminal dues
disbursed to her.

10. This question as involved in this
petitioner, received most careful attention
of this Court in Writ Petition No. 35344
of 2001 Smt. Kanti Srivastava Vs. State
Bank of India and this Court in which it
was held that it was a well settled position
in law that family pension scheme in any
way could not be equated with the
compassionate
appointment
and
in
holding this view, the Court relied on
Balbir Kaur another vs. Steel Authority
2003 (3) ESC 1618 (SC). The Apex
Court was of the view that if at this
juncture some lump sum amount is made
available
with
a
compassionate
appointment, the grief stricken family
may find solace to the mental agony and
manage its affairs in the normal course of
events. It further observed that it was not
that
monetary
benefit
would
be
replacement of the bread earner but that
would undoubtedly bring some solace to
the situation. It bears no repudiation that
the deceased was suffering from cancer
and huge amount was spent on his
treatment. At the risk of repetition it may
be stated here that according to the
petitioner, repayment of loan taken for
treatment of the deceased took toll of
huge amount coupled with the fact that
according to the own report of the Bank,
she has no source of earning to fall back
upon and that none of the member of the
petitioner had a self occupied residential
house the cost of which was stated to be
Rs. 2 lacs cannot be a ground in
vindication of rejection of application for
compassionate appointment.

11. The question that falls for
consideration is whether a paltry amount
of Rs.3093/- being received as pension
per month was sufficient to meet the need
and necessity of family consisting of four
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2 All] Smt. Padma Pathak V. M.D., P.N.B., New Delhi and another
393
minor children and a widow. From a bare
perusal
of
the
scheme
particularly
paragraph 10 thereof which has been filed
by the Bank along with counter affidavit,
it is not susceptible of any doubt that
financial condition of a deceased family
has to be taken into reckoning in order to
arrive at a conclusion whether the family
has
sufficient
means
of
livelihood.
Paragraph 10 of the scheme is excerpted
below for ready reference.

"10. Financial Condition of the
family: The dependents of an employee
dying in harness be considered for
compassionate appointment provided the
family is without sufficient means of
livelihood, specifically keeping in view of
following:
a. Family Pension.
b. Gratuity amount received.
c. Employee's/Employer's Contribution
to PF.
d. Any compensation paid by the bank or
its Welfare fund.
e. Proceeds of LIC Policy and other
investments of the deceased employee;
f. Income for family from other sources.
g. Employment of other family members.
h. Size of the family and liabilities, if any
etc.

12. The benefit of employment by
way of compassionate appointment under
dying in harness Rules should flow
liberally
unless
there
be
clinching
evidence to demonstrate that the family of
the deceased had sufficient means to fall
back upon. The scheme for appointment
on compassionate ground is a scheme in
the nature of beneficial legislation to
those on whom the destiny has inflicted
the unkindest cut. The underlying object
of this beneficial legislation is to alleviate
the suffering and to wipe tears to the
extent possible off the grief stricken
family. During this cataclysmic period, if
the family is left to fend on their own and
is not extended the fruits of this beneficial
legislation, it would be a negation of
social protection and in consequence, the
social justice, the very sheet-anchor
conceived in our Constitution as a welfare
State.

13. In the instant case, the Bank
authorities appear to be more concerned
with precise details and seemed not to
have seen the wood for the trees. They
proceeded oblivious of the consideration
whether widow would be able to sustain
herself and her four minor children with
the meagre amount of Rs.3093/- blissfully
unconcerned with the fact on record that
the deceased employee was suffering
from a dreaded disease and that a big
chunk of the amount was used up in
repaying the loan taken out of wifely
devotion by the petitioner in a bid to save
the life of her husband at all costs and
also without having regard to the fact that
there will be diminution and not in any
increase in future of the amount being
received by the petitioner. The word
'Livelihood' mean the money people need
to pay for food, a plaice to live, clothing
etc. according to the dictionary meaning.
The
underlying
object
behind
the
beneficial legislation is to ensure that the
pot of the family keeps boiling and the
family is able to maintain itself in a
condition like the one prevailing at the
time when bread earner was alive. Livili
hood maintenance implies a kind of
permanent character. These were the
factors, which the Bank authorities were
required to reckon with. It brooks no
dispute that catena of decision both by the
Apex court and this court converge to the
settled position that person cannot claim
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 INDIAN LAW REPORTS ALLAHABAD SERIES [2003
394
appointment on compassionate ground
under the scheme as a matter of right by
the authorities at the same time were
bound to apply liberally the object of
beneficial legislation and to traverse upon
all the relevant aspects in order to
determine whether the applicant was
entitled
to
get
appointment
on
compassionate ground. In these matters,
the decision tempered with compassion is
the requirement and not the blinkered
approach unconcerned with fair play,
compassion and justice. The recording of
reason is yet another aspect constituting
an essential competent of natural justice,
which all the authorities exercising power
under the scheme or rules are required to
do. As stated supra, a laconic order has
been passed and no reasons have been
assigned. The laconic order cannot be
upgraded to the pedestal of an order based
on reasons. The basis principle of
Constitution makes it imperative for
administrative authorities clothed with the
duty to decide something on consideration
of policy or scheme, to act judicially as a
hedge against arbitrariness. It is in this
conspectus that reasons are the imperative
requirement
for
an
administrative
authority and in the instant case, the
authorities having not assigned any
reason, have acted in antagonism of the
basic principles of the Constitution and as
such the order cannot be sustained.

14. As a result of the foregoing
discussion, the writ petition succeeds and
is allowed and the Competent authority is
directed to consider the case of the
petitioner in accordance with the scheme
and the observation made in the body of
this judgment.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 31.3.2003

BEFORE
THE HON'BLE DR. B.S. CHAUHAN, J.

Civil Misc. Writ Petition No. 25104 of 1996

Smt. Savitri Devi

...Petitioner
Versus
Civil Judge, (Senior Division), Gorakhpur
and others

 ...Respondents

Counsel for the Petitioner:
Sri S.K. Rai

Counsel for the Respondents:
Sri A.P. Tewari
Sri S.S. Tripathi
S.C.

Code of Civil Procedure-Order 39-Rule-
2A-Suit for permanent injution-both the
Parties restrained from alienating the
disputed land- Respondent no. 3 sold his
share to the Respondent no. 4 to 6 -
whether the purchasers can put any
claim for possession? - held no. but can
be punished for violation of interim order
passed by the Trial Court.

Held. Para - 26

Petition
succeeds
and
is
allowed.
Learned trial court is directed to attach
the entire land in dispute and force the
respondent no. 3 to comply with the
order passed by that court on 18.8.1992
and further to conclude the trial of the
suit expeditiously.
Case law discussed:
AIR 1953 SC - 487, AIR 1966 SC - 470
AIR 1990 SC - 845, 1995 (6) SCC - 625
AIR 1967 SC - 1386, 2000 (4) SCC - 625
AIR 1961 SC - 221, AIR 1970 SC - 1767
1975 CR.L.J. 1283, 1987 CR. L.J. 1240
AIR 1998 SC - 2765, AIR 1971 ALLD. - 231
AIR 1981 ALLD.-231, AIR 1989 (NOC) 50
AIR 1967 - GUJ. - 124, AIR 1985 P & H. 299
AIR 1961 - 221, AIR 1973 ALLD - 449