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RAJESH BINDAL, J. J. MUNIR
Vimal Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
By the Court.-The order dated October 7, 2021 passed by the learned Single Judge has been impugned by the writ petitioner by filing the present intra-Court appeal. On account of death of his father, who was a Government servant and expired during service on August 24, 2016, the petitioner-appellant, being eligible for Class-III post having qualifications prescribed therefore, was appointed as Junior Clerk vide order dated June 14, 2018. The appointment was in terms of U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as ''1974 Rules''). In terms of the Rules and requirement for the post on which he was appointed on probation, the appellant was to clear the typing test with a speed of 25 words per minute within one year from the date of appointment. In case of failure, another chance was to be given. This fact is undisputed that the appellant appeared in the typing test twice, but failed. Considering the provisions of Rule 5 of 1974 Rules, the services of the petitioner were dispensed with vide order dated June 15, 2020, which was challenged by the appellant by filing the writ petition. The writ petition was dismiss
Petitioner cannot claim reversion or fresh appointment on a post which he had not held at the time of appointment under Rules, 1974.
The interpretation of 'suitable employment' in Rule 5 must be understood with reference to the post held by the deceased employee, and the superior qualification of the dependent cannot determine the....
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 for dependants must adhere to rules applicable at the time of the breadwinner's death, ensuring immediate assistance in times of financial crisis.
The court ruled that compassionate appointments must consider the deceased employee's status, allowing for appointment to any suitable group 'D' post under the dying in harness rules.
Compassionate appointments are not a matter of right and depend on the availability of vacancies; once an appointment is accepted, further claims for higher positions are not permissible.
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