Appointments Made Under Dying-In-Harness Rules Are 'Permanent' In Nature: Allahabad High Court Reiterates
1 year, 3 months ago

Appointments Made Under Dying-In-Harness Rules Are 'Permanent' In Nature: Allahabad High Court Reiterates

Live Law  

The Allahabad High Court has reiterated its earlier stand that the appointment made under the Government Servant Dying in Harness Rules, 1974 is permanent in nature. The bench comprising of Justice Kshitij Shailendra observed that the Government Servant Dying in Harness Rules, 1974 “being statutory Rules, nowhere provide that the compassionate appointment of an appointee is temporary in nature.” The petitioner's father died in harness. The Court held that merely because “temporary” was mentioned in the appointment letter of the deceased will not render his appointment temporary in the absence of any provision in the 1974 Rules declaring compassionate appointment as temporary in nature. The Court relied on Ravi Karan Singh vs. State of UP & ors, wherein the Allahabad High Court had held that “the appointment under dying-in-harness rules is of permanent nature.” The same was upheld by the division bench of the Allahabad High Court in Sanjai Kumar v. Deputy Director General Directorate, U.P.

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History of this topic

Legal Heirs Can't Seek Compassionate Appointment When Major Penalty Imposed On Deceased Employee Remains On Record: Allahabad HC
3 days, 8 hours ago

Legal Heirs Can't Seek Compassionate Appointment When Major Penalty Imposed On Deceased Employee Remains On Record: Allahabad HC

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The Allahabad High Court has held that legal heirs of a deceased employee are disqualified from seeking compassionate appointment when major penalty imposed remains in record at the time death and not where the major penalty though imposed, had adverse impact only for few years. Justice Ajay Bhanot in his order observed that in 2017 a modification was made to …

Compassionate Appointment Cannot Be Given By Management Of Institute Where Deceased Was Employed, Must Be Placed Before DIOS: Allahabad HC
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3 months ago

Compassionate Appointment Cannot Be Given By Management Of Institute Where Deceased Was Employed, Must Be Placed Before DIOS: Allahabad HC

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The Allahabad High Court has held that an application for compassionate employment cannot be decided by the management of the institution where the deceased government employee worked. Justice J.J. Munir referred to Regulations of the Uttar Pradesh High Schools and Intermediate Colleges Act, 1971 to hold that “The Regulations aforesaid envisage a complete scheme for compassionate appointment and the power …

Compassionate Appointment Is Not An Absolute Right, It Aims To Remedy Only The Sudden Crisis Faced By a Deceased Employee's Family: CAT, Allahabad
10 months, 2 weeks ago

Compassionate Appointment Is Not An Absolute Right, It Aims To Remedy Only The Sudden Crisis Faced By a Deceased Employee's Family: CAT, Allahabad

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The Central Administrative Tribunal, Allahabad single bench of Justice Om Prakash held that compassionate appointment is not an absolute right and is given to family members of the deceased employee to overcome 'sudden' crisis. During the board proceedings held to assess the Applicant's eligibility, the Applicant scored 24 out of 100 points, which were not sufficient for his appointment on …

Compassionate Appointment Can't Be Claimed/Offered After A Significant Lapse Of Time And After Crisis Is Over: Allahabad High Court
2 years, 7 months ago

Compassionate Appointment Can't Be Claimed/Offered After A Significant Lapse Of Time And After Crisis Is Over: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that an appointment on compassionate grounds cannot be claimed or offered after a significant lapse of time and after the crisis is over. "The object of compassionate appointment is to tide over the immediate financial crisis suffered by the bereaved family due to the unexpected death of the employee concerned," the Court remarked.The bench …

Compassionate Appointment Not A Bonanza, Can't Be Claimed As A Matter Of Right: Allahabad High Court
2 years, 11 months ago

Compassionate Appointment Not A Bonanza, Can't Be Claimed As A Matter Of Right: Allahabad High Court

Live Law  

Considering various aspects relating to compassionate appointments, the Allahabad High Court recently observed that there is no general or vested right to compassionate appointments and that it can't be treated as a Bonanza.This observation was made by the bench of Justice S. P. Kesarwani and Justice Jayant Banerjee while DISMISSING a special appeal filed by one Iqbal Khan challenging. Considering …

Compassionate Employments Open Only To Kith & Kin Of 'Govt Servants': Kerala High Court Cancels Appointment Of Late MLA's Son In PWD
3 years, 3 months ago

Compassionate Employments Open Only To Kith & Kin Of 'Govt Servants': Kerala High Court Cancels Appointment Of Late MLA's Son In PWD

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The Kerala High Court recently cancelled the compassionate appointment of R. Prasanth, son of late CPI MLA K.K. In a judgment that runs over 130 pages, the Division Bench comprising Chief Justice S. Manikumar and Justice Shaji P.Chaly observed: "A supernumerary post created and appointment given to a dependent of an MLA, if permitted to continue, would give a free …

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