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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Manju Rani Chauhan
Atul Kumar – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. petitioner seeks compassionate appointment post mother’s death. (Para 1 , 2) |
| 2. petitioner argues he qualifies for compassionate appointment. (Para 3 , 4) |
| 3. respondents argue entitlement based on family employment status. (Para 5 , 6) |
| 4. supreme court judgments underline rules necessity for appointment. (Para 7 , 8 , 9) |
| 5. petitioner's arguments against rule-5 noted as lacking merit. (Para 10 , 11) |
| 6. petitioner fails to meet criteria for compassionate appointment. (Para 12) |
| 7. writ petition dismissed; no costs ordered. (Para 13 , 14) |
JUDGMENT :
Manju Rani Chauhan,J.
1. The petitioner, a dependent of an Assistant Teacher who died in- harness, has preferred instant writ petition challenging an order dated 30th May, 2025 passed by the third respondent[District Basic Education Officer, Ballia], whereby claim for appointment on compassionate ground has been denied on the ground that his candidature does not fulfil the requirements as enshrined under the Uttar Padesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974.
2. Facts of the case are that petitioner’s mother late Savitri Devi was working as an Assistant Teacher in a Junior High School, Barau
Compassionate appointment is conditional on adherence to established eligibility criteria, and employment status of family members is determinative.
Compassionate appointment is a concession contingent on strict adherence to eligibility criteria, not an absolute right, especially when a family member is already employed in a Government role.
The central legal point established in the judgment is that the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 does not disqualify a married daughter from seeking ....
Compassionate appointment is not a right but an exception, and the bar under Rule 5(1) applies when both parents are government employees, regardless of retirement status.
Compassionate appointment claims must be timely; prolonged delays negate the immediate need, despite any fault of authorities.
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 ....
The main legal point established in the judgment is that the right to compassionate appointment is determined by the hierarchy of family members as per the Rules 1974 and amended Rules 2021, and the ....
Compassionate appointments are aimed at immediate relief; however, delays of over 20 years invalidate claims, as the immediate crisis loses its significance.
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