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HIGH COURT OF UTTARAKHAND
STATE OF UTTARAKHAND – Appellant
Versus
AJAY SINGH – Respondent
| Table of Content |
|---|
| 1. facts surrounding appointment of deceased's brother. (Para 1 , 2) |
| 2. arguments regarding applicability of the compassionate appointment rules. (Para 3 , 4 , 5 , 6 , 7) |
| 3. court's observations on compassionate appointment criteria and timelines. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. conclusion of the appeal and setting aside of the prior order. (Para 14) |
JUDGMENT :
Alok Mahra, J.
1. The present Special Appeal has been filed by the appellant against the judgment and order dated 27.03.2018 passed in Writ Petition (S/S) No. 359 of 2010.
2. The facts of the case are that sister of the writ petitioner (respondent herein) was appointed on the post of Assistant Teacher, Primary School vide order dated 02.11.2001 by the District Education Officer (Basic), Udham Singh Nagar and was posted in Primary School, Kanori (Bajpur). These schools were run by the Basic Shiksha Parishad, Uttarakhand. She died in harness on 05.06.2005. At the time of her death, she was unmarried. Petitioner/respondent, who was unemployed real brother of the deceased, applied for appointment under the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (as applicable in Uttarakhan
Compassionate appointments are aimed at immediate relief; however, delays of over 20 years invalidate claims, as the immediate crisis loses its significance.
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 ....
It is clear that the main object behind the Rules of 1996 is to consider the dependency of the deceased employee, to take care of the dependents of the deceased employee and to save them from financi....
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....
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.
The court established that the definition of 'family' in compassionate appointment rules must include widowed daughters-in-law to ensure fairness and address financial distress.
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 ....
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