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Neutral Citation No. - 2025:AHC:29170 Court No. - 10 Case :- WRIT - A No. - 21424 of 2023 Petitioner :- Ram Kripal Maurya Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Arun Kumar Singh,Randhir Jain Counsel for Respondent :- Abhay Singh Kushwaha,Ramesh Singh Kushwaha Hon'ble Saurabh Shyam Shamshery,J.
1. This is an unfortunate litigation. The petitioner's son before this Court has died-in-harness and respondent is daughter-in- law of petitioner, who is beneficiary of compassionate appointment. It is not under much dispute that said respondent has given an undertaking at the time when she got compassionate appointment that she will look after her father- in-law and mother-in-law, however, admittedly, she has not shared even the small part of her salary since 11.09.2023. 2. I have considered material facts and perused the record as well as heard the petitioner -Ram Kripal Maurya and respondent- Stuti Kajal are appeared before this Court in person. 3. The petitioner got about Rs. 5 lakh towards PPF account and substantial part of it was spent in discharging debt and on other rituals on death of his son. According to petitioner in person, he and his wife are ailing and have required money for treatment also. He has agricultural land also but income from it is not sufficient for their treatment and other thing normally required on day to day basis. Petitioner's another son is also not getting any regular income, therefore, petitioner and his wife needs support from their daughter-in-law in terms of undertaking also. 4. Learned counsel for respondent and respondent-in person submits that behaviour of her in-laws was not good after death of her husband and she is staying along with her father presently. No issue was born out of wedlock. Though initially she was hesitating even to share a minimum of amount of her salary but confronted with her undertaking that her compassionate appointment was on specific following
conditions that she will have to pay some amount to her in-laws :-
"1. यह ककि शपथकिरर्ती स्रतुकर किकाजल पत्ननी स्व० सतुररेश कितु मकार ममौयर वनीरपतुर, आहहहुंगनीकिलका, लकालगहुंज जनपद मनीरजकापतुर किकी कनवकाससननी हहहूँ।
2. यह ककि शपथकिरर्ती मरेररे पकर शनी सतुररेश कितु मकार ममौयर पतुत्र शनी रकामकिक पकाल ममौयर कनवकासनी वनीरपतुर, आहहहुंगनीकिलका, लकालगहुंज, जनपद मनीरजकापतुर किकी मकत्यतु कदनकाहुंकि 26.05.2023 किको हको गयनी।
3.
यह ककि शपथकिरर्ती किरे पकर स्व० शनी सतुररेश कितु मकार ममौयर पहुं० दनीन दयकाल उपकाध्यकाय रकाजकिकीय आशम पद्धकर इन्टर किकालरेज चन्दकापतुर वकारकाणसनी मम प्रवकका (अथरशकास) किरे पद पर किकायररर थरे, इनकिकी मकत्यतु सरेवकाकिकाल किरे दमौरकान हको गयनी।
4. यह ककि शपथकिरर्ती ककिसनी रकाज्य सरेवका यका किरे न्दनीय सरेवका यका ककिसनी भनी अन्य सरकिकारनी/अथर सरकिकारनी/प्रकाइवरेट सहुंस्थकान सरेवकारर नहहीं हहै।
5. यह ककि शपथकिरर्ती, शपथपपूवरकि बयकान किररनी हहहूँ ककि यकद मतुझरे पकर किरे स्थकान पर नमौकिरनी कमल जकारनी हहै, रको महै अपनरे आसशरतों (सकास – ससतुर) किरे प्रकर भरण पकोषण किरे उत्तर दकाकयत्वको किका कनवकारहन किरहुं गनी।
6. यह ककि पकर किरे मकत्यतु किरे पश्चकार शपथकिरर्ती नरे पतुनरकववकाह अभनी रकि नहहीं ककियका हहै यकद भकवष्य मम पतुनरकववकाह किररनी हहहूँ इसकिकी सपूचनका कवभकाग किको दपूहूँगनी।"
5. Respondent-in-person fairly submits that she will file an application to include her in-laws as her dependent to record in her service book and will pay Rs. 5000/- per month from her salary. 6. Learned counsel for petitioner and petitioner-in-person submits that said amount be increased about Rs. 10,000/- per month. 7. I have considered the above submission and taking note the present salary of contesting respondent i.e. Gross Pay: 36672; Total Deduction : 3527; Net Pay; 33145; and that since respondent is working as a Junior Assistant with the Dy.
Director Social Welfare Allahabad, therefore, her salary will be increased in accordance with provision in coming years, therefore, this writ petition is disposed of with following directions that:- (1) Respondent-in-person will file an application to include her in-laws as dependent in the service book, subject to other provisions; (2) Rs.7,500/- will be deducted from respondent in person's salary per month which shall be transferred to petitioner's bank account, who will
give it within a week before the authorities; (3) The deduction can be reassessed after a period of two years in accordance with increase in salary; (4) So far as any other claim of respondent in person is concerned, she will be at liberty to raise before appropriate forum, if so advised; (5) The deduction will be commenced from 01.04.2025 with further direction that no arrear will be provided to petitioner-in-person. Order Date :- 3.3.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad