Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Dying-In-Harness Rules 1974 – r.5 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Dying-In-Harness Rules 1974 – r.5 – Compassionate appointment – Suitable post – Respondent’s husband, a Class-IV government servant died while serving as Messenger in Police Radio Department – She sought appointment on compassionate ground in a Class-III post – Refused offer of appointment on the post of Messenger – Filed writ petition which was dismissed by Single Judge of High Court – Appeal, allowed by Division Bench – Held: Initially the respondent applied for compassionate appointment on the post of Assistant Operator in the Department – It was rightly not accepted on the ground that she did not fulfill requisite eligibility criteria – Then she applied for appointment on the post of Workshop Hand wherein her case was considered, however, she failed in physical test examination – It was thereafter that she was offered appointment as Messenger which was equivalent to the post held by the deceased employee – Division Bench misinterpreted r.5 in holding that ‘suitable post’ thereunder would mean any post suitable to the qualification of the candidate and the appointment on compassionate ground is to be offered considering the educational qualification of the dependent – Such interpretation would defeat the object of appointment on compassionate ground which is to enable the family to tide over the sudden crisis – Object is not to give such family a post much less a post held by the deceased – Suitable post has to be considered, considering status/post held by the deceased employee – Appellants justified in offering the appointment to the respondent on the post of Messenger – Impugned order set aside – Order passed by the Single Judge dismissing the writ petition restored – Service Law.Service Law – Compassionate appointment – Object and purpose of – Discussed.Service Law – Compassionate appointment – Held: Compassionate appointment is an exception to the general rule of appointment in the public services – It is a concession and not a right. |
Judge | Hon'ble Mr. Justice Mukeshkumar Rasikbhai Shah |
Neutral Citation | 2021 INSC 619 |
Petitioner | The State Of Uttar Pradesh & Ors. |
Respondent | Premlata |
SCR | [2021] 8 S.C.R. 597 |
Judgement Date | 2021-10-05 |
Case Number | 6003 |
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