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ALOK MATHUR
Akash Srivastava – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
ALOK MATHUR, J.
1. Heard Sri Parimal Bhatt, learned counsel for the petitioner as well as Sri Indrajeet Shukla, learned Additional Chief Standing counsel appearing for the respondents.
2. By means of the present writ petition the petitioner has assailed the validity of the order dated 24.5.2024 passed by Director, Directorate of Electrical Safety, Government of U.P. wherein the application for compassionate appointment preferred by the petitioner has been rejected. It is during pendency of the petition that respondent No. 2 has passed a fresh order after being directed by this Court on 19.9.2024 where the case of the petitioner was again considered and rejected has also been assailed in the present writ petition.
3. The facts in brief as stated by the petitioner are that the mother of the petitioner, namely Smt. Manju Srivastava was appointed and working on the post of Junior Clerk in the office of Director, Directorate of Electrical Safety, Government of U.P. Regional Office, Lucknow since 1983 and unfortunately died on 28.12.2021. Father of the petitioner was also a government servant and was working on the post of Review Officer in the office of Government Advocate in Luc
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 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 ....
Compassionate appointment is a concession contingent on strict adherence to eligibility criteria, not an absolute right, especially when a family member is already employed in a Government role.
The main legal point established in the judgment is that the eligibility for compassionate appointment is determined based on the provisions of the Consolidated Revised Instructions on Compassionate ....
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....
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: A provision for compassionate appointment is an exception to the principle that there must be an equality of opportunity in matters of public employment. The exception to be constitutio....
The compassionate appointment policy must be applied based on the conditions at the time of the employee's death, not retrospectively.
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