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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
MANJU RANI CHAUHAN
Shiv Kumar – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Manju Rani Chauhan, J.
1. Heard Mr. Adarsh Singh, learned counsel for the petitioner, Mr. Gaurav Bishan, learned counsel for the respondent no.5 as well as Mr. Hare Ram, learned Standing counsel for the State and perused the record.
2. By way of the present petition filed under Article 226 of the Constitution of India, the petitioner has assailed the order dated 31.05.2023, whereby he has been terminated from service on the ground that, while seeking compassionate appointment following the death of his father in harness on 02.11.1998, he failed to disclose in his application dated 17.05.2000 the material fact that his mother was already employed in government service.
3. Brief facts as stated by the counsel for the petitioner are that the petitioner's father, who was serving as an Assistant Teacher in the Junior High School, Toksin Block, District Mursan, District Hathras, passed away while in service on 02.01.1998. He was survived by his wife, one son, and two daughters, as mentioned in paragraph 5, who were all dependent on him.
4. The petitioner filed an application seeking compassionate appointment along with relevant documents pertaining to the family's economic conditio
The appointment on compassionate grounds cannot be terminated based on unsupported allegations of concealment, particularly after valid scrutiny and significant time lapse since the appointment.
Compassionate appointments cannot be annulled without proper inquiry, and the absence of a prescribed application format does not imply concealment of material facts.
Compassionate appointments are exceptions to the merit-based recruitment process and must strictly adhere to established statutory criteria, with no vested rights for applicants.
Point of Law : Misconduct literally means wrong conduct or improper conduct. In usual parlance, misconduct means a transgression of some established and definite rule of action, where no discretion i....
(1) Compassionate appointment cannot be claimed as a matter of right – A person, claiming appointment on such ground, has to demonstrate his relationship to deceased person and eligibility for appoin....
Fraudulent or illegal appointments, even if continued for a long time, are void ab initio and cannot be justified.
Compassionate appointments cannot be cancelled based on non-disclosure of a parent's employment if the applicant was dependent on the deceased and no fraud was committed.
Cancellation of appointment after 19 years, without following proper disciplinary inquiry procedures, and based on a complaint, was unsustainable.
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