Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1974 – Rule 5 The Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules |
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 | The Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 – Rule 5 – Compassionate appointment – When superior qualification is held by the dependent – The father of the appellant was working as class-IV employee (sweeper) and passed away – Appellant, a graduate with computer literacy, was offered post of sweeper but he rejected the same and requested to be appointed as Gram Panchayat officer (Class-III post) with reference to the qualification he had – Respondent rejected the said request on their understanding of the words “suitable employement” in Rule 5 – High Court rejected the writ petition of the appellant – Appellant approached the Supreme Court – Held: The words “suitable employment” in Rule 5 must be understood with reference to the post held by the deceased employee – The superior qualification held by a dependent cannot determine the scope of the words “suitable employment” – The alternate submission of the appellant to be appointed as sweeper was accepted as it is a right under the statutory rule. |
Judge | Hon'ble Mr. Justice Hrishikesh Roy Hon'ble Mr. Justice K.M. Joseph |
Neutral Citation | 2022 INSC 787 |
Petitioner | Suneel Kumar |
Respondent | State Of U.p. & Ors. |
SCR | [2022] 7 S.C.R. 114 |
Judgement Date | 2022-08-02 |
Case Number | 5038 |
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