DINESH KUMAR SINGH
Neelam Mishra – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
DINESH KUMAR SINGH, J.
1. Heard Sri Anand Mani Tripathi assisted by Sri Anurag Tripathi, learned counsel appearing for the petitioner and Sri Virendra Singh, learned Standing Counsel appearing for the State.
2. Present petition under Article 226 of the Constitution of India has been filed seeking following reliefs:
(ii) to issue a writ, order or direction in the nature of Mandamus thereby commanding/directing the opposite parties to reconsider the case of the petitioner for appointment under The Uttar Pradesh Recruitment of Dependants of Government Servant Dying in Harness Rules, 1974 on a suitable post according to her qualification in the department forthwith.
(iii)....
(iv)....”
3. This is second writ petition filed by the petitioner seeking appointment on compassionate ground after the death of her father-in-law on 02.06.2018, who was serving as Head Constable in U.P. Civil Police and died in harness.
4. Earlier, the petitioner filed a writ petition being Writ Appeal No. 8279 of
The main legal point established in the judgment is that the court will not supplant the statutory definition of 'family' to include individuals not specifically mentioned, and will uphold the interp....
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 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 central legal point established in the judgment is the unconstitutionality of excluding married daughters from the definition of 'family' for compassionate appointment, emphasizing the constituti....
The main legal point established in the judgment is that the right to compassionate appointment is determined by the hierarchy of family members as per the Rules 1974 and amended Rules 2021, and the ....
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....
Exclusion of married daughters from consideration for appointment on compassionate grounds solely on the ground of gender is violative of Articles 14 & 15 of the Constitution of India.
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.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.