# Smt. Vandana Mishra v. State of U.P. & Ors

- **Citation:** (2016) 1 ILRA 48
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2015-12-22
- **Case number:** Service Single No. 7176 of 2015
- **Bench:** Rajan Roy
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/smt-vandana-mishra-v-state-of-u-p-ors-43423
- **Pages:** 2

## Headnote

C.S.C., Anil Kumar Singh Vishen
U.P.
Recruitment
of
Dependents
of
Government Servant Dying in Harness
Rule
1974-Rule
5(3),
(4),
Rule-7compassionate appointment-if there are
more than one claimant-authorities to
consider and take appropriate decision
keeping in view of provisions of Rule
5(3) and 5(4)-petition disposed of.
Held: Para-8
In view of rule 7 of the Rules, 1974 as
there are rival claimants the competent
authority shall take a decision in the
light of the aforesaid Rules, 1974 within
a period of two months from the date a
certified copy of the order is submitted
before him, based on the application
already
submitted
which
has
been
decided by the impugned order and for
this purpose the said application shall
stand
restored.
The
question
of
payment of death-cum-retiral dues shall
be dealt with in accordance with the
Rules within a period of next three
months. Let a fresh decision be taken
uninfluenced by the directions or order
passed
by
this
Court
referred
to
hereinabove subject of course to their
entitlement
under
the
aforesaid
provisions.

## Text

48
 INDIAN LAW REPORTS ALLAHABAD SERIES
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 22.12.2015
BEFORE
THE HON'BLE RAJAN ROY, J.
Service Single No. 7176 of 2015
Smt. Vandana Mishra
 ...Petitioner
Versus
State of U.P. & Ors.
...Respondents
Counsel for the Petitioner:
Khaleeq Ahmad Khan
Counsel for the Respondents:
C.S.C., Anil Kumar Singh Vishen
U.P.
Recruitment
of
Dependents
of
Government Servant Dying in Harness
Rule
1974-Rule
5(3),
(4),
Rule-7compassionate appointment-if there are
more than one claimant-authorities to
consider and take appropriate decision
keeping in view of provisions of Rule
5(3) and 5(4)-petition disposed of.
Held: Para-8
In view of rule 7 of the Rules, 1974 as
there are rival claimants the competent
authority shall take a decision in the
light of the aforesaid Rules, 1974 within
a period of two months from the date a
certified copy of the order is submitted
before him, based on the application
already
submitted
which
has
been
decided by the impugned order and for
this purpose the said application shall
stand
restored.
The
question
of
payment of death-cum-retiral dues shall
be dealt with in accordance with the
Rules within a period of next three
months. Let a fresh decision be taken
uninfluenced by the directions or order
passed
by
this
Court
referred
to
hereinabove subject of course to their
entitlement
under
the
aforesaid
provisions.
(Delivered by Hon'ble Rajan Roy, J.)
1. Heard learned counsel for the
parties.
2. The petitioner herein is the wife of
deceased Vivek Kumar Mishra who is said
to have died in harness barely two and half
months of the marriage with petitioner. The
opposite parties 4 to 7 are the father, mother
and sister of deceased. The opposite parties
4 to 7 had earlier filed a Writ Petition No.
3476 (SS) of 2015 which was decided on
18.06.2015 with a direction to consider the
case of petitioner no.4 therein under rule
2(c)(iv) of the U.P. Recruitment of
dependents of Government Servants Dyingin-Harness Rules, 1974 (hereinafter referred
to as 'the Rules, 1974') with a further
direction to clear the dues in favour of
petitioners 1 to 3.
3.
Apparently the said direction
appears to have been issued under some
misconception as if, the deceased was
unmarried whereas on perusal of the
record of the said writ petition it is
revealed that in paragraphs 8 and 9 of the
writ petition it was specifically stated that
the deceased had been married with the
petitioner herein namely; Smt. Vandana
Mishra on 18.06.2016 and within two and
half months of the marriage, the the death
of her husband happened. Therefore, no
benefit can be derived by the opposite
parties 4 to 7 in pursuance to the
directions contained therein, in view of
admitted factual error mentioned therein
unless the claim of all the claimant is
considered
in
accordance
with
the
relevant Rules.
4. The petitioner herein on her part
filed another Writ Petition No. 4568 (SS)
of 2015 which was decided vide order
dated 07.08.2015 with a direction to the
concerned
opposite
party
to
take
1 All. Smt. Vandana Mishra Vs. State of U.P. & Ors.
49
appropriate
decision
on
her
representation.
5. In neither of the writ petitions, the
rival parties were impleaded, therefore,
both the contesting parties did not
approach this Court with clean hands and
cannot derive benefit of the orders passed
in their writ petitions subject to their
claim being reconsidered afresh in the
light of the relevant Rules. The Rule 5(3)
& (4) of the Rules, 1974 read as under:-
"5(3) Every appointment made under
sub-rule (1) shall be subject to the
condition that the person appointed under
sub-rule (1) shall maintain other members
of the family of deceased Government
servant, who were dependent on the
deceased
Government
servant
immediately before his death and are
unable to maintain themselves.
"5(4) Where the person appointed
under sub-rule (1) neglects or refuses to
maintain a person to whom he is liable to
maintain under sub-rule (3), his services
may be terminated in accordance with the
Uttar
Pradesh
Government
Servant
(Discipline and Appeal) Rules, 1999, as
amended from time to time."
6. The said Rule enjoins upon the
appointee to maintain other members of
the family of the deceased Government
servant, who were dependent on the
deceased
Government
servant
immediately before his death and are
unable to maintain themselves and on
failure to do so, such an appointment is
liable to be terminated in accordance with
the provisions of the U.P. Government
Servant (Discipline and Appeal) Rules,
1999. Who were the persons dependent
upon the deceased immediately after his
death is a factor to be considered by the
concerned authority.
7. Rule 7 of the aforesaid Rules,
1974 reads as under:-
"Rule-7. If more than one member of
the family of the deceased Government
servant seeks employment under these
rules, the Head of Office shall decide
about the suitability of the person for
giving employment.The decision will be
taken keeping in the view also the overall
interest of the welfare of the entire family,
particularly the widow and the minor
members thereof."
8. In view of rule 7 of the Rules,
1974 as there are rival claimants the
competent authority shall take a decision
in the light of the aforesaid Rules, 1974
within a period of two months from the
date a certified copy of the order is
submitted before him, based on the
application already submitted which has
been decided by the impugned order and
for this purpose the said application shall
stand restored. The question of payment
of death-cum-retiral dues shall be dealt
with in accordance with the Rules within
a period of next three months. Let a fresh
decision be taken uninfluenced by the
directions or order passed by this Court
referred to hereinabove subject of course
to their entitlement under the aforesaid
provisions.
9. The writ petition is disposed of in
the aforesaid terms.
-------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 18.12.2015
BEFORE