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MANJIVE SHUKLA
Neetu Sharma – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
(Manjive Shukla, J.) :
1. Heard Mr. Kamal Kumar Kesherwani, learned counsel appearing for the petitioner, learned Standing Counsel appearing for the Respondents No. 1 to 3 and Mr. Rama Nand Pandey, learned counsel appearing for the Respondents No. 4 & 5.
2. Petitioner through this writ petition has assailed the order dated 08.09.2023 passed by the District Basic Education Officer, Jhansi whereby her claim for compassionate appointment has been rejected.
3. Facts of the case, in brief, are that mother-in-law of the petitioner while working on the post of Assistant Teacher in a Primary School at Jhansi died in harness on 28.12.2017. Petitioner’s husband Mr. Prashant Sharma preferred an application on 12.03.2018 for his compassionate appointment on the post of Clerk in place of his mother. Application filed by Mr. Prashant Sharma for compassionate appointment on the post of Clerk remained pending with the respondents and during pendency of the application respondents required him to opt for appointment on a Class-IV post as vacant Class-III post was not available but he did not opt for appointment on Class-IV post.
4. Since the application for compassionate appointment on th
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....
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....
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 ....
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, ....
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 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....
Cancellation of appointment after 19 years, without following proper disciplinary inquiry procedures, and based on a complaint, was unsustainable.
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