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PRAKASH PADIA
Saurabh Suchari – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Prakash Padia, J.
1. Heard Shri Seemant Singh, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
2. The present writ petition has been filed by the petitioner inter-alia with the prayer to quash the order dated 9.11.2020 passed by the District Commandant Home Guard, Kanpur Nagar/respondent No. 4 whereby the compassionate appointment of the petitioner has been restricted to only on the post of Home Guard (Volunteer) in Home Guards Department. A further prayer has been made to consider the case of the petitioner for compassionate ground on the post of Honorary Company Commander in the Home Guard Department, pursuant to the Rules prevailing at the time of the death of the father of petitioner namely 18.10.2020.
3. Facts in brief as contained in the writ petition are that the father of the petitioner while working on the post of Honorary Company Commander in Home Guard Department died on 18.10.2020 leaving behind his wife and two children. Mother of the petitioner submitted an application on 20.10.2020 for giving compassionate appointment to the petitioner on the post of Honorary Company Commander. Alongwith the application form, an affid
Compassionate appointment claims must be evaluated based on the rules in effect at the time of the employee's death, not subsequent amendments.
The main legal point established in the judgment is the interpretation of the policy regarding compassionate appointment and the applicability of subsequent amendments to the case of the petitioner.
The duty of the respondent authorities to interpret and apply the die-in-harness scheme correctly, consider compassionate appointments in a timely manner, and obey court orders.
In the case of appointment considering the social and economic justice as enshrined in the constitution, denials of deserving cases are liable to be set aside. Further, the purpose of providing compa....
Once a family member has already availed of financial assistance under the previous rules, they cannot claim compassionate appointment under the new rules, as it would amount to availing dual benefit....
The compassionate appointment policy must be applied based on the conditions at the time of the employee's death, not retrospectively.
The main legal point established in the judgment is that the scheme prevalent at the time of the death of the employee shall be the basis for considering the application for compassionate appointment....
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