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MANJIVE SHUKLA
Kumari Nisha – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
(Manjive Shukla, J.) :
1. Heard learned counsel appearing for the petitioner, learned Standing Counsel appearing for the Respondents No. 1 and 2 as well as Mr. Ashish Kumar Nagvanshi, learned counsel appearing for the Respondents No. 3 & 4.
2. Petitioner through this writ petition has challenged the order dated 26.12.2022 passed by the District Basic Education Officer, Gorakhpur, whereby petitioner’s application for her compassionate appointment has been rejected.
3. Facts of the case, in brief, are that father of the petitioner while working on the post of Head Master at Primary School Manikapur, Block Belghat District Gorakhpur, died in harness on 07.12.2019. On the date of death of petitioner’s father, there remained widow (mother of the petitioner), two unmarried sons and unmarried daughter in the family. Petitioner is permanently disabled and her disability has been quantified to the tune of 75% and further she has been completely dependent on the earnings of her father.
4. Petitioner’s elder brother Mr. Deepak Kumar is a government servant in the Provincial Armed Constabulary (PAC) of U.P. and is posted at District Jaunpur. Mr. Deepak Kumar along with his family is
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 ....
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 is not a right but an exception, and the bar under Rule 5(1) applies when both parents are government employees, regardless of retirement status.
Compassionate appointments are aimed at immediate relief; however, delays of over 20 years invalidate claims, as the immediate crisis loses its significance.
Compassionate appointment is an exception to the general rule of appointment in public services and is designed to prevent destitution in the family of the deceased employee. The exclusion of persons....
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