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MANJIVE SHUKLA
Abhishek Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
MANJIVE SHUKLA, J.
1. Heard Mr. Anurag Shukla, learned counsel appearing for the petitioner and learned Standing Counsel appearing for the Respondents No. 1 & 2 as well as learned counsel appearing for the Respondents No. 3 & 4.
2. Petitioner through the present Writ Petition has challenged the order dated 20.12.2022 passed by the District Basic Education Officer, Bareilly whereby petitioner's claim for compassionate appointment on a Class-III post has been rejected on the ground that on the date of death of his father i.e. on 13.08.2017, he was not having Intermediate qualification which is necessary for appointment on a Class-III Post.
3. Facts of the case in brief are that father of the petitioner while working on the post of Assistant Teacher in Senior Basic School Kunwarpur, Dan Kunwar, Block-Bhadpura, District Bareilly died in harness on 13.08.2017. Petitioner after death of his father submitted an application on 28.03.2018 to District Basic Education Officer, Bareilly whereby petitioner informed that he was minor and immediately after attaining the age of majority, he will submit application for compassionate appointment in place of his father.
4. Petitioner passed out
The main legal point established in the judgment is that the rejection of a claim for compassionate appointment after 11 years, when the petitioner had already applied for compassionate appointment i....
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....
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 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....
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 ....
Cancellation of appointment after 19 years, without following proper disciplinary inquiry procedures, and based on a complaint, was unsustainable.
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