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SALIL KUMAR RAI
Sugandha Upadhyay – Appellant
Versus
State Of UP – Respondent
JUDGMENT :
Hon'ble Salil Kumar Rai, J.
1. The facts of the case as evident from the pleadings of the parties and the documents annexed with the affidavits are that Anil Kumar Upadhyay, the father of the petitioner, was posted in the office of the Additional Labour Commissioner, Uttar Pradesh, Lohia Nagar, Ghaziabad on the post of Welfare Assistant and died on 02.05.2012 while still in service. The petitioner was unmarried when her father died and it has been stated that she was dependent on her father. The case of the petitioner is that the relationship between her parents was not cordial and they lived separately and the petitioner was living with her father at the time of his death. On 07.11.2012, the petitioner filed an application giving the details of her educational qualifications and occupational skills and seeking compassionate appointment on the post of Clerk. In her application, the petitioner had stated that she had passed her intermediate examinations and knew typing. With her application, the petitioner annexed her High School and Intermediate mark-sheets and also the certificate showing her typing skills. It appears from the records that along with her application, the
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.
Point of Law : Misconduct literally means wrong conduct or improper conduct. In usual parlance, misconduct means a transgression of some established and definite rule of action, where no discretion i....
The main legal point established in the judgment is the application of OM dtd. 1/6/2015 in compassionate appointment cases, specifically the time limit for considering pending applications and the im....
Compassionate appointment claims must be timely; prolonged delays negate the immediate need, despite any fault of authorities.
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 ....
The main legal point established in the judgment is that the application for compassionate appointment should be reasonable and proximate to the time of the death of the bread earner, and the process....
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