The Allahabad High Court has ruled that the sister of a deceased government employee cannot be given a job on compassionate grounds if his wife is alive and has claimed for appointment.
Justice Neeraj Tiwari gave the order and dismissed a petition filed by Kumari Mohani, the sister of a deceased employee, seeking the court’s direction to the authorities concerned to consider her claim for appointment on compassionate ground.
The court observed, “In the present case, there is no dispute of fact that the deceased employee was married and his wife is alive and claiming appointment on compassionate grounds. Therefore, under the rules, she is only entitled for appointment and no relief can be granted to the petitioner — sister.”
The father of the petitioner was working as ‘safai karamchari’ and he died during service.
After his death, the brother of the petitioner was granted appointment on compassionate grounds under the provisions of Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 as ‘safai karamchari’.
The brother of the petitioner also died in a road accident.
After his death, their mother gave consent for the appointment of the petitioner on compassionate grounds. The petitioner had filed a representation before authorities for her appointment, which was pending for decision.
The present petition was filed seeking direction to the authorities to decide her representation for appointment, which has been declined by the court.