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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
| Table of Content |
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| 1. petitioner claims entitlement for appointment under dying-in-harness rules. (Para 2 , 3) |
| 2. respondents argue delay in application negates entitlement. (Para 4 , 6) |
| 3. appointments under dying-in-harness rules are exceptions to general appointment procedures. (Para 8 , 9 , 10) |
| 4. compassionate appointments serve to alleviate immediate financial distress. (Para 11 , 12 , 13) |
| 5. strict adherence to rules is necessary to maintain legality of compassionate appointments. (Para 14 , 15 , 16) |
| 6. condonation of delay in applications is mandatory and must be justified. (Para 20 , 21 , 22) |
| 7. delay in applying for compassionate appointment undermines urgency of need. (Para 24 , 25 , 26) |
| 8. petitioner's delay and failure to comply with rules disqualifies him from appointment. (Para 28 , 29 , 30) |
| 9. court orders investigation into improper appointment practices. (Para 31 , 32) |
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 d
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....
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