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VIVEK CHAUDHARY
Smt. Manjeet Kaur – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. challenge of compassionate appointment rejection (Para 2 , 3) |
| 2. arguments for petitioner's eligibility (Para 4) |
| 3. application timeline and criteria clarification (Para 5 , 6 , 7) |
| 4. impugned order set aside (Para 8) |
| 5. writ petition allowed with directives (Para 9 , 10) |
JUDGMENT
Vivek Chaudhary, J.
Heard learned counsel for the petitioner and learned counsel for the respondents.
2. Present writ petition is filed by the petitioner challenging the order dated 07.12.2021 passed by the respondent-Bank whereby the claim of the petitioner for compassionate appointment under the Dying-in-Harness Rules is rejected on the ground that since the circular is effective from 01.03.2019 and the husband of the petitioner has died on 19.01.2018, hence the same is not applicable in the case of petitioner.
3. Facts of the case are that husband of the petitioner late Balveer Singh has expired on 19.01.2018 while serving in respondent-Bank. At the relevant time there was no scheme for appointment under the Dying-in-Harness. However, the scheme for the said purposes came into force w.e.f. 01.03.2019. The petitioner moved an application under the said scheme for appointment under the Dying
The conflicting views on the applicability of the Scheme for Appointment on Compassionate ground/Payment of Ex-gratia and the need for a definitive interpretation of Clauses 8.1 and 8.2 of the Scheme....
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.
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 the need to apply the provisions of the Scheme and the applicable Rules at the time of the claim and its consideration for compassionate appointmen....
The Dying-in-Harness Rules do not debar a family member's claim for appointment on compassionate grounds based on another family member's employment in a government department.
The right to consideration for compassionate appointment is governed by the rules in force on the date of death of the employee in harness, and the change in rules affecting the dependant's candidatu....
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