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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
AMITABH KUMAR RAI
Dileep Kumar Jaiswal – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
AMITABH KUMAR RAI, J.
1. Heard Shailesh Kumar, learned counsel for the petitioner and learned Standing Counsel for the State.
2. By means of the present writ petition, the petitioner has prayed for the following reliefs:
"(i) Issue a Writ, Order, or, Direction in the nature of the Certiorari thereby quashing the impugned order dated 17.10.2007 passed by the District Inspector of Schools District Sultanpur [the opposite party no. 03] and as contained in Annexure No. 11 accompanying the instant Writ Petition.
(ii) Issue a Writ, Order or Direction in the nature of the Mandamus thereby commanding and directing to the Opposite Parties to appoint the petitioner on the post Assistant Teacher L.T. Grade cadre on compassionate ground and allow the petitioner to work as the Assistant Teacher L.T. Grade cadre in the Ramkali Balika Inter College, District Sultanpur and pay salary.
(iii) Issue a Writ, Order or Direction in the nature of Mandamus thereby commanding and directing to the Opposite Parties to pay salary to the petitioner as the Assistant Teacher L.T. Grade cadre and the Opposite Party No. 03 [the District Inspector of Schools Sultanpur] kindly be directed to accept the Resoluti
Once a compassionate appointment is accepted, the right to further appointment under the same scheme is extinguished, and lacking requisite qualifications invalidates the appointment.
Compassionate appointment is an exception to the general rule and is provided to enable the family to tide over the sudden crisis caused by the death of the bread earner. The appointment can only be ....
The main legal point established in the judgment is that the rejection of a claim for compassionate appointment after 11 years, when the petitioner had already applied for compassionate appointment i....
Point of Law : As more than 30 years have passed since the father of the petitioner/appellant had expired, neither there is any useful purpose to issue any positive direction, nor the facts of the ca....
The court emphasized that in matters of compassionate appointment, one cannot insist on appointment to a particular post, and the provisions of the Government order dated 04.09.2000 regarding the rem....
Once a compassionate appointment is accepted on a Class IV post, the right to such appointment stands exhausted, and seeking upgradation to a higher post is not warranted.
Compassionate appointment is an exception to the general rule of public employment and is meant to provide minimum relief for meeting immediate hardship to save the bereaved family from sudden financ....
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