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NEERAJ TIWARI
Mohini – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
NEERAJ TIWARI, J.
1. Heard learned counsel for the petitioner, learned standing counsel for respondent no. 1, Sri Yashwant Singh, learned counsel for respondent nos. 2 and 3 and Sri S.N. Pandey, learned counsel for respondent no. 4.
2. Present petition has been filed with following prayers:
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to grant compassionate appointment to the petitioner.”
3. Learned counsel for the petitioner submitted that father of petitioner was working on the post of “Safai Karmchari Ward 99/107” at Nagar Nigam, Kanpur and during the course of service, he died. After his death, brother of petitioner (son of deceased-employee) has been granted appointment on compassionate ground under the provisions of U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as “Rules 1974”) as “Safai Karmchari” to cater the need of all family members dependent upon deceased-employee
The main legal point established in the judgment is that the right to compassionate appointment is determined by the hierarchy of family members as per the Rules 1974 and amended Rules 2021, and the ....
A registered Will does not affect eligibility for compassionate appointment; dependency and family welfare are the primary considerations under the U.P. Rules of 1974.
The main legal point established in the judgment is that the court will not supplant the statutory definition of 'family' to include individuals not specifically mentioned, and will uphold the interp....
The central legal point established in the judgment is that the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 does not disqualify a married daughter from seeking ....
Compassionate appointment claims must be timely; prolonged delays negate the immediate need, despite any fault of authorities.
The court ruled that a deceased government servant's continuous service qualifies his dependents for compassionate appointment under the U.P. Recruitment of Dependants of Government Servants Dying in....
Compassionate appointments are aimed at immediate relief; however, delays of over 20 years invalidate claims, as the immediate crisis loses its significance.
Compassionate appointment is a concession contingent on strict adherence to eligibility criteria, not an absolute right, especially when a family member is already employed in a Government role.
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