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Anshuman Singh Bhadoria v. Director Of Educatin (High Education) U.P. Allahabad & Ors. - SPECIAL APPEAL No. 142 of 2006  RD-AH 3639 (16 February 2006)
COURT NO. 34
SPECIAL APPEAL NO. 142 OF 2006
Anshuman Singh Bhadoria ------------- Appellant/Petitioner
Director of Education (Higher Education),
U.P., Allahabad & Ors. ------------- Respondents
Hon'ble Dr. B.S. Chauhan, J.
Hon'ble Dilip Gupta, J.
This special appeal has been filed against the judgment and order of the learned Single Judge dated 6.1.2006, by which the writ petition of the petitioner for seeking employment on compassionate ground has been rejected on the ground that the petitioner had filed the application after the death of his father and his application had rightly been rejected by the authorities because of the fact that his mother was in service.
While deciding the said case, almost all the judgments on the issue decided by the Hon'ble Apex Court relied upon, including the General Manager (D/PB) & Ors. Vs. Kanti Tiwari & Anr., (2004) 7 SCC 271, where a similar issue had been involved, had been considered and employment on compassionate ground was refused on the ground that at the time of the death of the father his mother had been employed and the learned Single Judge has also held that Article 14 is not meant to perpetuate any illegality, and if similarly situated person has been given benefit of such an employment, that cannot confer a right upon the appellant/petitioner to claim the similar relief. For that purpose also, a large number of judgments had been relied upon and considered.
Shri Ashok Khare, learned Senior Counsel has vehemently submitted that there is no bar under the scheme or any statutory provision for consideration of such an application, in case one of the parents is in employment.
We have gone through the scheme framed for the purpose and find that there is no such bar. However, the said scheme does not define the 'dependant'. It only defines the 'family'. However for that purpose, guidance may be taken from the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974, wherein Rule 5, which has been added by amendment dated 20th January, 1999, specifically provides that such an appointment can be given to the dependant of the deceased, provided the other spouse is not in service of the Central Government, State Government, or any institution under the control of the State or any Corporation provided he fulfils all the eligibility with certain other conditions. Rule 5 A of the said Rules provides an exception to give employment to the dependant of the deceased employee in spite of the fact that the other spouse is in service only in the Police and Arms Constabulary, provided the employee had died in 1973 riots. The instant case is not covered by the said exception. In view of thereof such an employment cannot be claimed merely on the ground that the father of the petitioner had died, as his mother had been in employment.
More so, such an employment cannot be claimed as a matter of right and in such a fact-situation, we do not see any cogent reason to interfere with the impugned judgment and order.
Appeal, accordingly, stands dismissed.
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