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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
J.J.MUNIR
Shivam Sonkar – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
J.J. MUNIR, J.
1. This writ petition is directed against an order of the General Manager, Water Works Department, Nagar Nigam, Kanpur dated 11.04.2023, rejecting the first petitioner’s claim for compassionate appointment. So far as petitioner No.2 is concerned, she seeks a mandamus commanding the General Manager, Water Works Department, Kanpur Nagar Nigam to pay her post retiral benefits on account of her husband’s services, including gratuity, provident fund, as also family pension, together with interest accrued on sums of money due under different heads.
2. It is not in dispute that Kripa Shankar, the first petitioner’s father and the second petitioner’s husband, was employed as a Beldar in the Water Works Department (for short, ‘the Water Works’) within the establishment of the Nagar Nigam, Kanpur (for short, ‘the Nigam’). There is also no issue about the fact that he died in harness on 18.06.2021. It is not disputed either that in Kripa Shankar’s service-book, the names of the first petitioner and the second petitioner are recorded as son and wife, respectively. It is also not in dispute that the two petitioners included, in Kripa Shankar’s service-book, five members o
The legitimacy of children born from a void marriage is recognized, and compassionate appointment cannot be denied based on the lack of a succession certificate.
Children born of void marriages are entitled to consideration for compassionate appointment, as denying them this right violates Article 14 of the Constitution.
Mohammedan Law – Succession – A married daughter cannot claim compassionate appointment as a matter of right specially when she has deliberately omitted to mention eligibility of her mother to get fa....
Compassionate appointment -Under no circumstances, the second wife nor her children are eligible for compassionate grounds appointment, if the marriage has taken place during the subsistence of the f....
Married daughters are excluded from the definition of family for compassionate appointments under the applicable rules, and dependency must be established to qualify for such benefits.
Entitlement to compassionate appointment and the procedure for considering applications in the case of rival claimants.
Point of law : It is well settled that compassionate employment is given solely on humanitarian grounds with the sole object to provide immediate relief to the employee’s family to tide over the sudd....
Compassionate appointment cannot be denied based on descent; the policy must comply with Article 14 of the Constitution.
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