Single judge of Allahabad HC dismissed a writ petition under Article 226 seeking compassionate appointment for a petitioner's deceased maternal aunt's husband. The court held a nephew is not a permitted family member under the governing state rules.
Prayer for compassionate appointment of the petitioner (nephew) was dismissed for lack of merit.
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.
Neutral Citation No. - 2023:AHC:214612
Court No. - 34
Case :- WRIT - A No. - 18817 of 2023
Petitioner :- Tanishk Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
" (c) "family" shall include the following relations of the deceased Government servant:-
(i) wife or husband;
(ii) sons/adopted sons;
(iii) daughters, (including adopted daughters) and widowed daughtersin-law;
(iv) unmarried brothers, unmarried sisters and widowed mother dependent on the deceased Government servant, if the deceased Government servant was unmarried;
(v) aforementioned relations of such missing Government servant who has been declared as "dead" by the competent court;
Provided that if a person belonging to any of the above mentioned relations of the deceased Government servant is not available or is found to be physically and mentally unfit and thus ineligible for employment in Government service, then only in such situation the word "family" shall also include the grandsons and the unmarried grand daughters of the deceased Government servant dependent on
him. "
Order Date :- 8.11.2023 Deepika
Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether an applicant claiming compassionate appointment as a nephew of a deceased government servant falls within the definition of 'family' under the U.P. Recruitment of Dependants Rules, 1974.
2 provisions across 2 enactments
Tanishk Gupta
State Of U.P.
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
