Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: Compassionate appointment |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law: Compassionate appointment – By impugned order of High Court, respondent was granted benefit of compassionate appointment on account of demise of his father who was working with the appellants – Challenged by appellant- Department on the ground that father of respondent was not regular employee and was merely granted equivalent benefits on the principle of ‘equal pay for equal work’ and therefore, respondent was not entitled to the benefit of compassionate appointment – Held: There is no error in the view of High Court that the appointment of father of respondent was against the regular vacancy though it continued to be termed as a ‘Part Time’ appointment apart from the fact that his work hours were of a regular employee entitling him to equal pay for equal work – During his 13 long years of employment and before that having battled the appellants for 6 years to get his dues, the deceased employee was also transferred from one department to the other, normally an aspect which would be associated with a person who had a regular employment – The most significant aspect was that had the deceased employee not been considered a regular appointee, there would have been no occasion for the Department to volunteer his services to the State Election Commission to perform election duties, which is done only by a Government employee, as is specified under s.159 of the Representation of the People Act, 1950 – Further, at least two persons were employed in a similar scenario whose father and husband respectively died in harness as Part Time tubewell operators – It is apparent that there is an discrimination against the respondent possibly arising from the previous litigation between the appellants and the deceased father of the respondent – There is no satisfactory explanation for the same – No interference with the order of High Court called for. |
Judge | N/A |
Neutral Citation | 2021 INSC 378 |
Petitioner | The State Of Uttar Pradesh & Ors. |
Respondent | Uttam Singh |
SCR | [2021] 8 S.C.R. 345 |
Judgement Date | 2021-08-03 |
Case Number | 4575 |
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