The High Court of Judicature at Allahabad dismissed a writ petition challenging the rejection of a compassionate appointment claim. The court held that under Rule 2(c) of the UP Dying in Harness Rules, 1974, only unmarried brothers are entitled to such appointments, excluding married brothers.
The writ petition 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:221225
Court No. - 34
Case :- WRIT - A No. - 19307 of 2023
Petitioner :- Sanjay Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dileep Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
"2. (c) "family" shall include the following relations of the deceased Government servant:
(i) wife or husband;
(ii) sons/ adopted sons;
(iii) unmarried daughters, unmarried adopted daughters, widowed daughters and widowed daughter-in-law;
(iv) unmarried brothers, unmarried sisters sisters and widowed mother dependant 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 abovementioned 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 dependant on him.
(d) "Head of Office" means Head of Office in which the deceased Government servant was serving prior to his death."
(emphasis added)
Order Date :- 22.11.2023 P Kesari
Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad
3 issues framed by the court
Whether a married brother of a deceased government servant falls within the definition of family eligible for compassionate appointment.
Whether the writ petition questioning the rejection of the petitioner's claim has merit.
Whether the impugned order rejecting the claim based on the Dying in Harness Rules, 1974 is plagued by manifest error.
1 provisions across 1 enactments
Sanjay Kumar
State Of U.P.
2 Others
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
