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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Ajit Kumar,J.
Puja Yadav @ Pooja Yadav – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. petitioner challenges rejection of compassionate appointment application. (Para 1 , 2) |
| 2. petitioner claims lack of responsibility for delay in application. (Para 3 , 6) |
| 3. court directed fresh consideration of petitioner's application. (Para 4 , 5) |
| 4. state argues against petitioner's claim based on dependency and rules. (Para 7 , 8 , 9 , 10) |
| 5. impugned order cites reasons for rejecting petitioner's application. (Para 11 , 12) |
| 6. court assesses validity of rules regarding compassionate appointments. (Para 13 , 14) |
| 7. court clarifies that delay in application does not invalidate claim. (Para 15 , 16 , 17 , 18) |
| 8. amendments to rules regarding married daughters are recognized. (Para 19 , 20) |
| 9. court quashes impugned order and remits case for fresh consideration. (Para 21 , 22) |
JUDGMENT :
(Ajit Kumar, J.)
Heard Sri Pankaj Kushwaha, learned Advocate holding brief of Sri S.C.Kushwaha, learned counsel for the petitioner and learned Additional Chief Standing Counsel.
2. Petitioner before this Court is aggrieved by decision taken by the Secretary, Madhyamik Shiksha Parishad/ respondent no. 2 dated 25th July, 2024 rejecting application of the petitioner for compassionate appointme
Married daughters are entitled to compassionate appointment under the Dying-in-Harness Rules, and delay in application should not bar their claims if not attributable to them.
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 ....
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....
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 main legal point established in the judgment is that the restriction on married daughters' eligibility for compassionate appointment, based solely on their marital status, is not constitutionally....
The central legal point established in the judgment is the unconstitutionality of excluding married daughters from the definition of 'family' for compassionate appointment, emphasizing the constituti....
The main legal point established in the judgment is the interpretation of the policy regarding compassionate appointment and the applicability of subsequent amendments to the case of the petitioner.
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