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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW BENCH
MANISH MATHUR
Ache Lal – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. claims for compassionate appointment based on family connection. (Para 3 , 4 , 6) |
| 2. competing claims for appointment amid conflicting documentation. (Para 5 , 7) |
| 3. rules governing compassionate appointment eligibility. (Para 8 , 9 , 10 , 11 , 12) |
| 4. consideration of dependency and family welfare in appointment. (Para 13 , 14 , 15 , 16) |
| 5. order quashing previous decision directing fresh evaluation of claims. (Para 17 , 18) |
JUDGMENT :
MANISH MATHUR, J.
1. Heard learned counsel for petitioner and learned State Counsel for opposite party Nos.1, 2 & 3.
2. In view of order being passed, notice to opposite party No.4 stands dispensed with.
3. Petition has been filed challenging order dated 18.11.2025 whereby petitioner's application for compassionate appointment in terms of U.P. Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974 [here-in-after referred to as 'Rules of 1974'] has been rejected on the ground that it is impossible to ascertain heirship in view of a registered Will in favour of petitioner.
4. Learned counsel for petitioner submits that he is the brother of deceased-Ranjeet Kumar who passed away in harness on 27.09.2025. It is submitted t
A registered Will does not affect eligibility for compassionate appointment; dependency and family welfare are the primary considerations under the U.P. Rules of 1974.
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 ....
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 ....
The main legal point established is that the decision on compassionate appointment should be based on the overall welfare of the family and the greater financial hardship faced by the claimants, in a....
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.
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 ....
Compassionate appointment claims must be timely; prolonged delays negate the immediate need, despite any fault of authorities.
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.
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