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ASHUTOSH SRIVASTAVA
Sharad Kumar Chauhan – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
(Ashutosh Srivastava, J.) :
1. Heard Sri Seemant Singh, learned counsel for the petitioner, learned Standing Counsel for the State-Respondent No.1 and Sri Prem Prakash Yadav, learned counsel for the Respondent Nos.2, 3 & 4.
2. By means of the present writ petition, the petitioner has prayed for issuance of a writ of certiorari quashing the impugned order dated 08.07.2021 passed by the Respondent No.2, Secretary, U.P. Basic Education Board, whereby the claim of the petitioner for compassionate appointment on a suitable post and according to his qualification has been rejected. A further prayer for mandamus commanding the respondents to grant compassionate appointment to the petitioner on the basis of the application dated 26.11.2011 and 10/14.11.2016 on a suitable post according to his qualification has also been made.
3. Learned counsel for the petitioner submits that the mother of the petitioner was appointed as Assistant Teacher in Upper Primary School, Mustafabad, Block Jaleelpur, District Bijnor on 18.09.1997 and died-in-harness on 16.11.2011. After the death of his mother, the petitioner possessing a B.Sc. Degree, filed an application dated 26.11.2011 seeking compassion
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 ....
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....
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 and a concession, not a right, and should be made strictly in accordance with the rules. Long delays can lead to the rejection of compassionate appointments.
Compassionate appointment is not a source of recruitment and cannot be claimed or offered after a lapse of time. The financial condition of the family at the time of the employee's death is a primary....
Compassionate appointment claims must be timely; prolonged delays negate the immediate need, despite any fault of authorities.
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