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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Ajay Bhanot,J.
Saurabh Lal – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. petitioner's claim for compassionate appointment declined due to father's service record. (Para 1 , 2) |
| 2. major penalty's impact on compassionate appointment invalidated post-promotion. (Para 3 , 4 , 5 , 6) |
| 3. impugned order set aside; fresh consideration of application mandated. (Para 7 , 8) |
| 4. writ petition allowed as indicated. (Para 9) |
JUDGMENT :
Ajay Bhanot, J.
Heard Sri Niraj Tiwari, learned counsel for the petitioner and Sri Vivek Ratan Agrawal, learned counsel for the respondents.
1. By the impugned order dated 03.03.2021 the claim of the petitioner for grant of appointment on compassionate ground has been declined. The impugned order speaks thus:-
"With reference to your application on the captioned subject, we have to inform you that the matter was placed before the competent authority and in terms of the Government of India guidelines and as per the Scheme, your request for compassionate appointment has not been considered favourably by the Bank considering the unsatisfactory service record of Achhale of in terms of the Scheme."
2. A major penalty was imposed upon his father for a period of two years by order dated 31.05.2012. After the expiry of the aforesaid
A major penalty's adverse impact on compassionate appointment claims ceases once the penalty is effaced, particularly after a promotion.
Compassionate appointment is an exception to the general rule and is meant to provide immediate help to the family of the deceased breadwinner. Appointment on compassionate ground is a concession and....
Compassionate appointment is not a right and can only be granted under exceptional circumstances, as per the legal provisions and principles discussed by the court.
The court upheld the principle that applications for compassionate appointments must adhere to statutory time limits, reinforcing the restrictive nature of compassionate employment provisions.
Compassionate employment cannot be granted after a lapse of a reasonable period specified in the rules, as it is meant to provide succor to the dependent of the deceased-employee during the financial....
The applicable scheme for compassionate appointment is that in effect at the time of the employee's death.
Compassionate appointment is not a right but a concession and should be strictly in accordance with the prevalent rules for compassionate appointment applicable to the deceased/prematurely retired em....
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