MANISH MATHUR
Neelam Devi – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
1. Heard learned counsel for petitioner and learned State Counsel for opposite parties.
2. Since both the petitions involve same cause of action, they are being disposed of by means of a common judgment.
3. Writ-A No. 4493 of 2023 has been filed by widowed daughter-in-law of the deceased challenging order dated 22.05.2023 whereby her claim for compassionate appointment under the U.P. Government Servants dying-in-harness Rules, 1974 has been rejected.
4. Writ-A No. 7492 of 2023 has been filed by the unmarried son of deceased for a direction to opposite parties to appoint him on compassionate basis under the aforesaid Rules of 1974.
5. Learned counsel appearing for widowed daughter-in-law submits that her husband late Rajneesh Kumar pre-deceased her father-in-law late Ram Chandra and thereafter petitioner was fully dependent upon her father-in-law. It is submitted that petitioner also has two minor children aged 7 and 4 years and in terms of amendments incorporated in the year 2001 vide notification dated 12.11.2021 in the Rules of 1974, widowed daughters-in-law are now also included under the definition of 'family' as per Rule 2 (c) of the Rules of 1974.
6. It is submitted that
The main legal point established is that the decision on compassionate appointment should be based on the overall welfare of the family and the greater financial hardship faced by the claimants, in a....
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 ....
The court established that the definition of 'family' in compassionate appointment rules must include widowed daughters-in-law to ensure fairness and address financial distress.
The main legal point established in the judgment is the interpretation of the term 'dependent' under the Rajasthan Compassionate Appointment of Dependents of Deceased Government Rules, 1996 to includ....
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.
Compassionate appointment is an exception to the general rule and must adhere to the prevailing norms and eligibility criteria as per the policy.
The main legal point established in the judgment is that the term 'widowed daughter' includes 'widowed daughter-in-law' as a 'dependent' under Rule 2(c) of the Rajasthan Compassionate Appointment of ....
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