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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
AJAY BHANOT
Vikrant Sengar – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Ajay Bhanot, J.
1. The judgment is being structured in the following conceptual framework to facilitate the discussion:
| I | Introduction | ||||||
| II | Events leading upto the impugned orders | ||||||
| III | Impugned Orders
| ||||||
| IV | Facts established from the record | ||||||
| V | Questions for consideration | ||||||
| VI | Compassionate Appointments
| ||||||
| VII | (A) Impugned order/Termination/Cancellation of appointment in light of statutory provisions and case laws (B) Abuse of Compassionate Appointments | ||||||
| VIII | Procedure adopted while passing impugned orders: Natural Justice | ||||||
| IX | Conclusions and Directions |
I. Introduction:
2. The petitioner is aggrieved by the order dated 03.03.2021 passed by the Basic Shiksha Adhikari dismissing him from service. The petitioner has also assailed the order dated 18.09.2022 passed by the appellate authority/Secretary, Basic Shiksha Parishad, Prayagraj rejecting the appeal of the petitioner against order of dismissal.
II. Events leading upto impugned orders:
3. The petiti
Compassionate appointments are exceptions to the merit-based recruitment process and must strictly adhere to established statutory criteria, with no vested rights for applicants.
The appointment on compassionate grounds cannot be terminated based on unsupported allegations of concealment, particularly after valid scrutiny and significant time lapse since the appointment.
(1) Compassionate appointment cannot be claimed as a matter of right – A person, claiming appointment on such ground, has to demonstrate his relationship to deceased person and eligibility for appoin....
Compassionate appointment is a concession and should be restricted to genuinely deserving families, with strict scrutiny of various parameters.
Compassionate appointment is an exception and not a matter of right, and should be considered within a specific time frame as per the prevailing policy at the time of consideration.
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....
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