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HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Ajay Bhanot,J.
Ashish Yadav – Appellant
Versus
Managing Director, U.P. State Road Transport Corporation – Respondent
JUDGMENT :
Ajay Bhanot, J.
1. Counter affidavit filed by Shri S.M.Mishra, learned counsel for the respondents and the rejoinder affidavit filed by Shri Nikhil Kumar, learned counsel for the petitioner are taken in the record.
2. The petitioner claims that he is entitled to regular appointment and salary from the date of his appointment as a contractual employee on 25.08.2014.
3. Shri Nikhil Kumar, learned counsel assisted by Shri Vagish Yadav, learned counsel for the petitioner contends that the petitioner was appointed on 25.08.2014 as a contractual employee. In fact his appointment was made under the U.P. Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974 (hereinafter referred to as “Dying-in-Harness Rules, 1974”). Hence he is entitled to regular appointment and salary from the aforesaid date of his appointment.
4. Per contra, Shri S.M.Mishra, learned counsel for the respondents submits that there was a delay of more than five years on part of the petitioner in making an application for grant of appointment on compassionate ground. The delay has not been condoned by the competent authority. The appointment of the petitioner is not made under the Dying-in-Har
Compassionate appointments must comply strictly with applicable rules, and delays in application negate claims for such appointments, emphasizing they are exceptions, not rights.
Grant of compassionate appointment - Purpose of compassionate grounds appointments to tide over sudden crisis resulting from death of earner in a family. However reservation of a vacancy to enable su....
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....
Compassionate appointment is a concession, not a legal right, and requires compliance with specific provisions while emphasizing immediate application to demonstrate need.
Point of law: A provision for compassionate appointment is an exception to the principle that there must be an equality of opportunity in matters of public employment. The exception to be constitutio....
The need for immediacy in providing compassionate appointment and disentitling relief due to undue delay.
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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