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RAJAN ROY
Pawani Awasthi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
RAJAN ROY, J.
1. Heard Sri Vijay Kumar Srivastava, learned counsel for the petitioner, Sri Vivek Shukla, learned Additional C.S.C. and Sri Ajay Kumar, learned counsel for the B.S.A.
2. By means of this petition, the petitioner has prayed for the following reliefs:
(I-A) a writ order or direction in the nature of Certiorari thereby quashing the Government Order dated 04.09.2000 to the extent it provides for attaining the educational qualification on the date of death of deceased employee, which is contained as annexure no. 11 to the writ petition.
(II) A writ, order or direction in the nature of Mandamus thereby directing the opposite parties to provide appointment to the petitioner on Group-C Post under Dying-In-Harness Rules 1974.
(III) Any other order or direction may also be passed which the Hon'ble Court deems fit and proper under the facts and circumstances of the case.
(
Rule (5) of the aforesaid Rules, 1974 it does not contain any such stipulation that the educational qualification should be fulfilled by such dependent of a deceased employee on the date of death of ....
Point of Law : As more than 30 years have passed since the father of the petitioner/appellant had expired, neither there is any useful purpose to issue any positive direction, nor the facts of the ca....
The main legal point established in the judgment is that compassionate appointment cannot be claimed as a matter of right, but if an applicant is bona fide and fulfills the necessary qualifications, ....
Compassionate appointment - Government Resolution - Petitioner was 8th standard pass and educational qualification at relevant point of time was 4th standard pass and subsequently he acquired qualifi....
Compassionate appointment is an exception to the general rule and is provided to enable the family to tide over the sudden crisis caused by the death of the bread earner. The appointment can only be ....
Compassionate appointments must be evaluated with a humanitarian approach, especially for minors at the time of the employee's death, and rigid application of time limits is not appropriate.
Compassionate appointment claims must be timely; prolonged delays negate the immediate need, despite any fault of authorities.
The court emphasized that in matters of compassionate appointment, one cannot insist on appointment to a particular post, and the provisions of the Government order dated 04.09.2000 regarding the rem....
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