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RAJIV JOSHI
Narsingh Rawat – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Siddharth Khare, learned counsel for the petitioner and Sri Govind Narain Srivastava, learned Standing counsel for the State respondent.
2. By means of the present writ petition, the petitioner seeks a direction in the nature of mandamus commanding the respondent nos. 3 and 4 to appoint the petitioner under Dying in Harness Rules on any Class IV post in the Institution namely Amar Shahid Bhagat Singh Inter College, Rasra, Ballia, District-Ballia.
3. The brief of facts of the present case are that the mother of the petitioner namely Janki Devi was working as Class IV employee (Sweeper) in the Institution namely Amar Shahid Bhagat Singh Inter College, Rasra, Ballia, District-Ballia who died on 29.6.1999 in harness during service period. After the death of his mother, petitioner applied for appointment on compassionate ground under the U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (herein after referred to as the 'Rules of 1974') before the Principal Amar Shahid Bhagat Singh Inter College, Rasra, Ballia, District-Ballia on several occasions thereafter, Principal of the Institution forwarded the application of the Petitioner on
Compassionate appointment claims must be timely; prolonged delays negate the immediate need, despite any fault of authorities.
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.
The right to consideration for compassionate appointment is governed by the rules in force on the date of death of the employee in harness, and the change in rules affecting the dependant's candidatu....
Compassionate appointment is an exception and a concession, not a right, and should be made strictly in accordance with the rules. Long delays can lead to the rejection of compassionate appointments.
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....
Compassionate appointments should consider actual hardships faced by dependants rather than strict adherence to procedural timelines, promoting social justice and support for indigent families.
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 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 ....
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