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ABDUL MOIN
Kavita Tiwari – Appellant
Versus
State Of U. P Thru. Prin. Secy. Deptt. Of Irrigation And Water Resources Govt. Of U. P. Lko – Respondent
JUDGMENT :
1. Heard learned counsel for the petitioner as well as learned Standing counsel for the respondents.
2. The instant petition has been filed challenging the order dated 25.10.2021 passed by the respondent No.3, a copy of which is annexure 1 to the petition, whereby the claim of the petitioner for compassionate appointment has been rejected. Further prayer is for a mandamus commanding the respondents to grant compassionate appointment to the petitioner under the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974.
3. Bereft of unnecessary details, the case set forth by the learned counsel for the petitioner is that the petitioner's father namely Shri Om Prakash Tiwari, while working on the post of Driver in the office of Executive Engineer, Sinchai Khand, Lucknow, died in harness on 18.05.2019 leaving behind his widow namely Smt. Uma Tiwari, a married son namely Rahul Tiwari and two married daughters namely the petitioner and Smt. Pratibha Tiwari.
4. The petitioner staked her claim for compassionate appointment under the provisions of U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as Ru
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 ....
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.
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 court will not supplant the statutory definition of 'family' to include individuals not specifically mentioned, and will uphold the interp....
Compassionate appointment is an exception to the general rule and must adhere to the norms laid down by the State's policy, considering the relevant scheme prevalent on the date of the employee's dem....
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.
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.
Compassionate appointment claims must be timely; prolonged delays negate the immediate need, despite any fault of authorities.
If the marital status of a son does not make any difference in Law to his entitlement for seeking appointment on compassionate grounds, the marital status of a daughter should make no difference, as ....
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