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1998 Supreme(SC) 624

S.C.AGRAWAL, M.SRINIVASAN, S.SAGHIR AHMAD
Director Of Education – Appellant
Versus
Pushpendra Kumar – Respondent


Judgment

S.C. Agrawal, J.-Special Leave granted.

2. These appeals relate to appointment on compassionate grounds of dependents of teaching/non-teaching staff employed in non Government recognised aided schools and intermediate colleges in the State of Uttar Pradesh who have in harness.

3. In relation to Government employees the Government of Uttar Pradesh has made the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as ‘the 1974 Rules’), wherein provision is made for recruitment of a dependent of the deceased Government Servant dying in harness, who is not al­ready employed by the Central Government, by State Government or by any Corporation which comes under the Central Government or the State Government. For that purpose the normal recruitment rules are relaxed. The said Rules are, however, not applicable to the staff employed in Government recognised aided institutions since they are not Government Servants. With regard to appointment of dependents of teaching/non teaching staff of such institutions provision was made for the first time by Circular dated September 23, 1981 whereby it was directed that where any


























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