Special Appeal against Single Bench judgment directing U.P.S.R.T.C. to appoint respondent on regular basis under compassionate grounds rules. Court dismissed appeal after examining merits despite limitation.
Appeal dismissed; Single Bench direction upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Chief Justice's Court
Case :- SPECIAL APPEAL DEFECTIVE No. - 153 of 2018
Appellant :- U.P.S.R.T.C., Lko And 3 Others Respondent :- Nikhil Sharma And Another Counsel for Appellant :- Nripendra Mishra Counsel for Respondent :- C.S.C.,Shrawan Dwivedi
Hon'ble Govind Mathur,Chief Justice Hon'ble Samit Gopal,J.
This appeal is barred by limitation from 32 days, ignoring the same we have examined the merits of the case. By the judgment impugned learned Single Bench accepted the petition for writ with a direction to employ the respondent / petitioner on compassionate grounds within a period of six months on regular basis being a ward of deceased employee. The statement of learned counsel appearing on behalf of the employer is that appointment was given to the petitioner on contractual basis as such there was no need to pass any direction for giving appointment on regular basis.
We don't find any merits in the arguments advanced. The appointment on compassionate grounds are required to be given as per U.P. Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974. Under the Rules aforesaid the appointment is required to be given in substantive capacity against the vacancies parted therein. The respondents as such erred while employing the respondent / petitioner on contractual basis. Learned Single Bench in light of the provisions aforesaid has rightly directed to provide appointment to the respondent / petitioner on regular basis. The appeal on the reasons given above is dismissed.
Order Date :- 17.2.2020 AS Rathor
(Samit Gopal,J.) (Govind Mathur, C.J.)
2 issues framed by the court
Whether appointment of dependent of deceased employee on contractual basis is compliant with recruitment rules requiring substantive capacity.
Whether Single Bench erred in directing regular basis appointment instead of contractual basis.
1 provisions across 1 enactments
U.P.S.R.T.C.
Nikhil Sharma
Govind Mathur
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
