CASE:WRIT – A NO. – 6031 OF 2024
BETWEEN:
RAFAT NAAZ AND ANOTHER ……PETITIONER
AND:
STATE OF U.P. AND 3 OTHERS ……RESPONDENT
Hon’ble J.J. Munir.J.
The late Mohd. Rashid was appointed an Assistant Teacher in the Education Service of the State
way back on 01.01.1990. He went on to hold the position of the Officiating Principal,
Government Inter College, Kaulsena, Bulandshahr in course of time. He died in harness on
14.07.2020. The late Mohd. Rashid had a dependent family of five members, to wit, his wife,
Rafat Naaz (petitioner No.1), three sons, namely, Mohd. Rehan Khan, Mohd. Rakib Khan, Mohd.
Raza Khan (petitioner No.2) and a daughter Rafia Naaz. Rashid’s death left his family, as they
say, facing a huge financial crisis. They are virtually on the verge of starvation.
Rashid’s widow, the first petitioner made an application, seeking compassionate appointment
for her son, Mohd. Raza Khan, the second petitioner under the Dying-in-Harness Rules
applicable. The other dependents of the deceased tendered their no objection through an
affidavit dated 18.05.2021. This affidavit was submitted to the District Inspector of Schools,
Bulandshahr (for short, ‘the DIOS’). The District Magistrate, Bulandshahr issued a certificate
dated 30.04.2021, certifying the identities of the family members of the deceased. The DIOS
sent a letter dated 25.05.2021 to the first petitioner saying that the family membership
certificate issued by the District Magistrate is valid for an entitlement of money up to the sum
of Rs.5000/- and, therefore, the first petitioner has to get a succession certificate in her favour
from the Civil Court.
COURT JUDGEMENT:
In the circumstances, this writ petition succeeds and is allowed. A mandamus is issued to
respondent Nos. 1, 2, 3 and 4 to ensure amongst themselves immediate sanction and payment
of family pension to the first petitioner, including arrears, General Provident Fund, Gratuity,
Dues on account of Leave Encashment, Group Insurance and any other death- cum-retirement
benefit, admissible under the Rules. A mandamus is further issued to each of respondent Nos.
1, 2, 3 and 4 to ensure amongst themselves consideration and decision of the second
petitioner’s claim for compassionate appointment in accordance with rules within a period of
eight weeks of the receipt of a copy of this order.
Order Date : 29.11.2024
Anoop
J.J. Munir Judge
For death benefits & family pension, no need to succession certificate
