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PANKAJ PUROHIT
Ghanshyam Singh Bisht – Appellant
Versus
District Magistrate Nainital – Respondent
JUDGMENT :
Hon'ble Pankaj Purohit, J.
Heard learned counsel for the parties.
2. Petitioner has moved this Court by filing this writ petition seeking a writ of certiorari for quashing the order dated 14.03.2017, annexure-8 to the writ petition, passed by respondent no.2-SDM Dhari, District Nainital and further a writ of mandamus commanding the respondents to give appointment to the petitioner on compassionate ground under the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (as applicable in Uttarakhand) (for short “The Rules, 1974”) on a suitable post as per his educational qualification.
3. It is the case of the petitioner that petitioner’s father was earlier engaged with the respondent no. 1 as Seasonal Collection Amin since 1994. The father of the petitioner moved the Hon’ble High Court of Judicature at Allahabad by filing the Civil Misc. Writ Petition No.36942 of 1997 for regularization of his service along with other similarly situated persons. The said writ petition was allowed by the Hon’ble High Court of Judicature at Allahabad vide judgment and order dated 30.07.1998. The Hon’ble High Court vide its order had directed the respondents to consid
The court ruled that a deceased government servant's continuous service qualifies his dependents for compassionate appointment under the U.P. Recruitment of Dependants of Government Servants Dying in....
Compassionate appointment claims must be timely; prolonged delays negate the immediate need, despite any fault of authorities.
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 ....
Appointments made on compassionate ground should be considered regular appointments, not on a daily basis, as per consistent precedents of the Courts.
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.
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 ....
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