# Saxena v. District Magistrate, Bareilly

- **Citation:** (2001) 1 ILRA 1
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2001
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/saxena-v-district-magistrate-bareilly-39567
- **Pages:** 2

## Text

1All] Amol Singh V. State of U.P. & others
1
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By the Court

1. The father of the petitioner died
on 31st August, 1991. Mr. I.N. Singh,
learned
counsel
for
the
petitioner
contends that at that point of time the
petitioner was minor and aged about 11
years. He attained majority in 1998. Upon
attainment of majority, he applied for
appointment under the Dying in Harness
Rules. The Dying in Harness rules has
been provided for saving a family of a
deceased
from
immediate destitution.
Such a position cannot be expected to
continue till for 10 years. In such
circumstances, the petitioner cannot claim
any relief.

2. Mr. I.N. Singh relied upon the
decision in the case of Manoj Kumar
Saxena v. District Magistrate, Bareilly
and others (2000(2) E.S.C. 967 (All) in
which the delay of 12 years was
overlooked relying on the decision cited
therein. One of the decisions that was
cited was that of Pushpendra Singh v.
Regional
Manager,
U.P.S.R.T.C.,
Aligarh {2000(1) ESC 448 (All)}. But it
appears that in the case of Pushpendra
Singh (Supra), the Division Bench in the
appeal did not entertain the claim since
the claim was made after 10 years of
death. However, if any application is
moved, the respondent may consider the
same if the family was still reeling under
the financial strait. Thus the decision in
the case of Pushpendra Singh (Supra)
does not seem to have been correctly
applied or followed in the decision of
Manoj Kumar Saxena (Supra). Then
again, the relief that was granted in the
case of Pushpendra Singh (supra) was not
a ratio decided but on a sympathetic
consideration. The Division Bench had
relied upon the decision in the case of
Umesh Kumar Nagpal v. State of
Haryana and others {(1994) 4SCC 138}
wherein it was held that compassionate
appointment cannot be granted after the
2 INDIAN LAW REPORTS ALLAHABAD SERIES [2001
lapse of reasonable period which must be
specified in the rules. The consideration
of such employment is not a vested right,
which can be exercised at any time in
future. The object being to enable the
family to get over the financial crisis
which it faces at the time of the death of
the sole bread winner. The compassionate
employment
cannot be claimed and
offered whatever the lapse of time and
after the crisis is over. The decision in the
case of Jagdish Prasad v. State of
Haryana {1996(1) SLR 7} wherein the
Apex Court had observed that the very
object of appointment of a dependent of
the deceased employee who dies in
harness
is
to
relieve
unexpected
immediate hardship and distress caused to
the family by sudden demise of the
earning member of the family. Since the
death occurred way back in 1971, in
which year, the appellant was four years
old, it cannot be said that he is entitled to
be appointed after he attained majority
long thereafter. In other words, if that
contention is accepted, it amount to
another mode of recruitment of the
dependent of a deceased Government
servant which cannot be encouraged de
hors the recruitment rules.

3. The reasoning of the Apex Court
can be supported also by another reason
namely, that the right to appointment is
not a heritable right which can pass on to
the successor and await attainment of
majority of such succession.

4. The Rules have prescribed 5 years
period as the limit within which such
appointment can be asked for. In view of
the Apex Court, it is not possible for me
to agree with the ratio decided in the case
of Manoj Kumar Saxena (Supra). Since in
respect of the view I have taken are
supported by the decisions of the Apex
Court decisions as well as the Appeal
Court, it is not possible for me to agree
with the ratio decided in the case of
Manoj Kumar Saxena (supra). Since in
respect of the view I have taken are
supported by the decisions of the Apex
Court as well as that of the Division
Bench as observed here-in-before, I am
not inclined to interfere in the matter.

5. The writ petition therefore, fails
and is, accordingly, dismissed. However,
there will be no order as to costs.

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