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AJIT KUMAR
Heeraman Prasad – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
Ajit Kumar, J.
1. Heard Sri Sanjeev Singh and Sri Ashutosh Kumar Pandey, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
2. Petitioner before this Court is aggrieved by the decision taken by the respondents under the order impugned dated 23rd February, 2015, whereby claim of the petitioner for compassionate appointment has been rejected solely on the ground that petitioner's father was working as an Aid (Sahyogi) to the Collection Amin and the relevant service rules, namely, Uttar Pradesh Co-operative Collection Fund and the Amins and other Staff Service Rules, 2002 (hereinafter referred to as ‘Rules, 2002’) very categorically provided that the post of Sahyogi of Amin that were 90 in number stand abolished with the retirement of such Sahyogi of Amin or otherwise. Since father of the petitioner died on 12th May, 2012, according to the respondents, the post also got abolished and as it had become a dying cadre.
3. Assailing the order impugned Sri Sanjeev Singh, learned counsel for the petitioner, in the first instance, has drawn t
The court ruled that compassionate appointments must consider the deceased employee's status, allowing for appointment to any suitable group 'D' post under the dying in harness rules.
(1) Compassionate ground is a concession and not a right – Compassionate appointment is an exception to general rule of appointment in public services.(2) Compassionate appointment – Dependent/applic....
Compassionate appointments cannot be cancelled based on non-disclosure of a parent's employment if the applicant was dependent on the deceased and no fraud was committed.
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.
Point of law : Provided under Rule 5(1) of the Rules 1974 that member of the family of the deceased could only be given appointment in case a government servant dies during service and the spouse of ....
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 court ruled that a deceased government servant's continuous service qualifies his dependents for compassionate appointment under the U.P. Recruitment of Dependants of Government Servants Dying in....
The interpretation of 'suitable employment' in Rule 5 must be understood with reference to the post held by the deceased employee, and the superior qualification of the dependent cannot determine the....
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