Back
IN THE HIGH COURT OF ALLAHABAD
VIVEK KUMAR BIRLA, YOGENDRA KUMAR SRIVASTAVA
Shiv Dutt Sharma – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Hon'ble Dr Yogendra Kumar Srivastava, J.-Heard Sri R.K. Ojha, learned Senior Counsel assisted by Sri Rajesh Kumar Mishra, learned counsel for the appellant, Sri Tej Bhanu Pandey, learned Standing Counsel appearing for the State-respondent and Sri Yatindra, learned counsel for respondent Nos. 2 to 5.
2. The present special appeal is directed against the judgment and order dated 7.3.2024 passed in Writ-A No. 6916 of 2019 (Shiv Dutt Sharma v. State of U.P. and others) whereby the writ petition has been disposed of with certain observations and directions.
3. The basic facts of the case which are available on record indicate that the appellant-petitioner was granted appointment on compassionate grounds on the post of Chowkidar in Junior High School, Badagaon, Vikas Kshetra Arnia, District Bulandshahar vide appointment order dated 10.11.1981.
4. On an application dated 6.2.1984, the petitioner was permitted to apply for admission in B.Ed. (Shiksha Shashtri) Course. The petitioner was directed to take admission after seeking sanction of unpaid leave for the purpose, with stipulation that he himself join duties in the same school after expiry of the leave period.
5. In due course o
Once a compassionate appointment is accepted, the right to further appointment under the same scheme is extinguished, and lacking requisite qualifications invalidates the appointment.
The main legal point established in the judgment is that the rejection of a claim for compassionate appointment after 11 years, when the petitioner had already applied for compassionate appointment i....
The court reiterated that compassionate appointments cannot be granted where previous court orders have deemed related government policies unlawful, asserting the principle against perpetuating illeg....
Cancellation of appointment after 19 years, without following proper disciplinary inquiry procedures, and based on a complaint, was unsustainable.
Compassionate appointments must be based on qualifications applicable at the time of application, and once an appointment is made, further claims for higher posts are not permitted.
The court emphasized that in matters of compassionate appointment, one cannot insist on appointment to a particular post, and the provisions of the Government order dated 04.09.2000 regarding the rem....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
