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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
AJIT KUMAR
Deepak Kumar – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. petitioners filed for compassionate appointment under the rules 2014. (Para 2 , 3) |
| 2. death of breadwinner caused financial distress, necessitating appointment. (Para 4 , 5) |
| 3. legal arguments against the applicability of rules 2015. (Para 8 , 12) |
| 4. court's deliberations on which rules apply for compassionate appointment. (Para 13 , 14) |
| 5. court ordered reconsideration of applications per rules 2014. (Para 24 , 26) |
JUDGMENT :
Ajit Kumar, J.
1. Heard Sri Seemant Singh, learned counsel appearing for the petitioners, learned Additional Chief Standing appearing for the State-respondents and perused the records.
2. By this petition filed under Article 226 of the Constitution, petitioners have prayed for a writ of certiorari for quashing the order dated 17.10.2019, whereby the petitioners were declared ‘unsuccessful’ in the test of ‘Stenography’ and their claims have been rejected.
3. At present, learned counsel submits that petitioners are only pressing for relief no.3, according to which, petitioners have prayed that their candidature may be considered for compassionate appointment as per Uttar Pradesh Recruitment of Dependants of Government Servants Dying-in-Harness (11th A
Compassionate appointments for dependants must adhere to rules applicable at the time of the breadwinner's death, ensuring immediate assistance in times of financial crisis.
Compassionate appointment claims must be timely; prolonged delays negate the immediate need, despite any fault of authorities.
Compassionate appointment is a concession, not a legal right, and requires compliance with specific provisions while emphasizing immediate application to demonstrate need.
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....
Compassionate appointment is an exception and a concession, not a right, and should be made strictly in accordance with the rules. Long delays can lead to the rejection of compassionate appointments.
Point of law : Provided under Rule 5(1) of the Rules 1974 that member of the family of the deceased could only be given appointment in case a government servant dies during service and the spouse of ....
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