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HIGH COURT OF JUDICATURE AT ALLAHABAD
MANJU RANI CHAUHAN
Aditya Dhanraj Ashok – Appellant
Versus
Vice Chairman Ghaziabad Development Authority Ghaziabad – Respondent
| Table of Content |
|---|
| 1. petitioner's father died in harness; application for appointment. (Para 2 , 3) |
| 2. petitioner argues financial need for compassionate appointment. (Para 4 , 5) |
| 3. court emphasizes legal standards for compassionate appointments. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 4. writ petition dismissed; lacks merit. (Para 12) |
JUDGMENT :
MANJU RANI CHAUHAN, J.
1. Heard learned counsel for the petitioner and Mr. Tejasvi Misra, learned counsel for the respondents.
2. This writ petition has been filed with a prayer to quash the letter dated 06.05.2025 issued by respondent no. 2, whereby the petitioner's claim for compassionate appointment under the Dying-in-Harness Rules, 1974 has been rejected.
3. Placing the brief facts of the case, learned counsel for the petitioner submits that the petitioner's father, who was working as a Junior Clerk in the Ghaziabad Development Authority, died in harness on 13.11.2016, leaving behind his wife and two children as dependents. At the time of his father's death, the petitioner was studying in Class VII and was a minor. Upon attaining majority, he moved an application dated 09.11.2021 requesting the respondent authorities to consider his claim for compassion
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 Dying-in-Harness Rules do not debar a family member's claim for appointment on compassionate grounds based on another family member's employment in a government department.
Compassionate appointment is conditional on adherence to established eligibility criteria, and employment status of family members is determinative.
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 must consider the current financial condition of the bereaved family, not just the employment status of dependents at the time of death.
Compassionate appointment is an exception to the general rule and must adhere to the prevailing norms and eligibility criteria as per the policy.
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 an exception to general rule of appointment in public services and is in favour of dependants of a deceased dying in harness and leaving his family in penury and without ....
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