IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2023 (ARISING OUT OF SLP (CIVIL) NO. 5803 OF 2023) THE STATE OF UTTAR PRADESH & ANR. Appellants VERSUS SUBHASH CHANDRA TIWARI Respondent O R D E R Leave granted. Heard Mr. K.M. Nataraj, learned ASG appearing for the appellants. Also heard Mr. Shikhar Anand, learned counsel appearing for the respondent. The matter pertains to compassionate appointment for the legal heir of the Government employee Janardan Prasad Tiwari, who died as far back as on 13.06.1990. The deceased was survived by two wives and the respondent is the son born to the second wife. Although the second wife applied for compassionate appointment soon after the death of the employee, a succession litigation ensued between the two wives and eventually they compromised the matter and the succession suit was decreed on 09.08.2016 based on the said compromise. The application filed by the respondent for compassionate appointment as the son of the second wife was rejected by the Government by holding that this is not in accord with the applicable policy of the Uttar Pradesh Government. It was also observed that the compromise decree is not binding on the employer. When the above rejection decision was challenged, direction 1
was issued to the Government to reconsider the claim for compassionate appointment in the claimant’s writ proceeding. Following the High Court’s direction, the claim was again considered but the three member Committee rejected the application on 24.05.2022 by considering it to be a belated application not filed within five years from the date of death of the employee. The High Court has however interfered with the 24.5.2022 decision of the Committee, resulting in the present appeal before us, after the Special Appeal filed by the State was dismissed by the Division Bench. We have heard learned counsel for the parties. Admittedly, the Government employee died as far back as on 13.06.1990 and, therefore, although decision on compassionate appointment claim was intended to be taken by the Government after closure of the succession dispute amongst the two wives, we are of the view that when compassionate appointment as a policy is intended to bring immediate succor to the family of the deceased Government employee, the High Court should not have issued direction for considering compassionate appointment after two decades of the death of the bread earner. Such direction in favour of the respondent is found to be unmerited. The appeal accordingly stands allowed interfering with the impugned judgment of the High Court. Pending application(s), if any, shall stand closed. ..................J. (HRISHIKESH ROY) ..................J. (PANKAJ MITHAL) NEW DELHI; JULY 17, 2023. 2
ITEM NO.59 COURT NO.9 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 5803/2023 (Arising out of impugned judgment and order dated 23-01-2023 in SAD No. 14/2023 passed by the High Court of Judicature at Allahabad, Lucknow Bench) THE STATE OF UTTAR PRADESH & ANR. Petitioner(s) VERSUS SUBHASH CHANDRA TIWARI Respondent(s) (I.R IA No. 61034/2023 - EXEMPTION FROM FILING O.T.) Date : 17-07-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE PANKAJ MITHAL For Petitioner(s) Mr. K.M. Nataraj, ASG Mr. Sharan Dev Singh Thakur, AAG Ms. Srishti Singh, AOR For Respondent(s) Mr. Shikhar Anand, Adv. Mr. Ajay Kumar Srivastava, AOR Mr. Ajay K. Srivastava, Adv. Ms. Jyoti Tiwary, Adv. Mr. Ashutosh Dubey, Adv. Mr. Dhirendra Kumar, Adv. Mr. Bijender Singh, Adv. UPON hearing the counsel the Court made the following O R D E R The appeal stands allowed in terms of the signed order. Pending application(s), if any, shall stand closed. (NITIN TALREJA) (KAMLESH RAWAT) COURT MASTER (SH) ASSISTANT REGISTRAR (Signed order is placed on the file) 3
ITEM NO.801 COURT NO.10 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 5803/2023 (Arising out of impugned final judgment and order dated 23-01-2023 in SAD No. 14/2023 passed by the High Court Of Judicature At Allahabad, Lucknow Bench) THE STATE OF UTTAR PRADESH & ANR. Petitioner(s) VERSUS SUBHASH CHANDRA TIWARI Respondent(s) (I.R ) Date : 11-07-2023 This petition was mentioned today. CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE PANKAJ MITHAL For Petitioner(s) Ms. Srishti Singh, AOR For Respondent(s) UPON being mentioned the Court made the following O R D E R Not to be deleted from the notified date. (DEEPAK JOSHI) (KAMLESH RAWAT) COURT MASTER (SH) ASSISTANT REGISTRAR
ITEM NO.34 COURT NO.14 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 5803/2023 (Arising out of impugned judgment and order dated 23-01-2023 in SAD No. 14/2023 passed by the High Court of Judicature at Allahabad, Lucknow Bench) THE STATE OF UTTAR PRADESH & ANR. Petitioner(s) VERSUS SUBHASH CHANDRA TIWARI Respondent(s) (IA No. 61034/2023 - EXEMPTION FROM FILING O.T.) Date : 16-05-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE MANOJ MISRA For Petitioner(s) Mr. Sharan Dev Singh Thakur, AAG Ms. Srishti Singh, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Mr. Sharan Dev Singh Thakur, the learned counsel submits that the bread earner in the family died as far back as on 13.06.1990 and yet the High Court ordered consideration of compassionate appointment for the son of the deceased employee, born through the second wife. Issue notice, returnable in four weeks. (NITIN TALREJA) (KAMLESH RAWAT) COURT MASTER (SH) ASSISTANT REGISTRAR
ITEM NO.13 COURT NO.16 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 5803/2023 (Arising out of impugned final judgment and order dated 23-01-2023 in SAD No. 14/2023 passed by the High Court Of Judicature At Allahabad, Lucknow Bench) THE STATE OF UTTAR PRADESH & ANR. Petitioner(s) VERSUS SUBHASH CHANDRA TIWARI Respondent(s) (FOR ADMISSION and I.R. and IA No.61034/2023-EXEMPTION FROM FILING O.T. ) Date : 17-04-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE MANOJ MISRA For Petitioner(s) Ms. Srishti Singh, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R In view of the letter circulated by the learned counsel for the petitioner seeking adjournment, the matter is adjourned by one week. (DEEPAK JOSHI) (KAMLESH RAWAT) COURT MASTER (SH) ASSISTANT REGISTRAR
ITEM NO.22 COURT NO.16 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 5803/2023 (Arising out of impugned final judgment and order dated 23-01-2023 in SAD No. 14/2023 passed by the High Court Of Judicature At Allahabad, Lucknow Bench) THE STATE OF UTTAR PRADESH & ANR. Petitioner(s) VERSUS SUBHASH CHANDRA TIWARI Respondent(s) (FOR ADMISSION and I.R. and IA No.61034/2023-EXEMPTION FROM FILING O.T.) Date : 05-04-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE MANOJ MISRA For Petitioner(s) Ms. Srishti Singh, AOR Mr. Sharan Dev Singh Thakur AAG State Of U.P. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R List on 17.04.2023. (NITIN TALREJA) (KAMLESH RAWAT) COURT MASTER (SH) ASSISTANT REGISTRAR