Case : The State of U.P. Vs. Prem Lata
Court: Supreme Court of India
Date of Judgement: 05.10.2021
Summary:
If a Government Servants dies while in service, the Government may provide a suitable post under the Government to the dependent of the Government Servant depending upon certain criterion. But what does it mean by 'Suitable Post'? This judgement of Hon'ble Supreme Court deals with it.
Judgement:-
The relevant para of the Judgement is quoted as under:
"10.2 The Division Bench of the High Court in the present case has
interpreted Rule 5 of Rules 1974 and has held that ‘suitable
post’ under Rule 5 of the Rules 1974 would mean any post
suitable to the qualification of the candidate irrespective of
the post held by the deceased employee. The aforesaid
interpretation by the Division Bench of the High Court is just
opposite to the object and purpose of granting the
appointment on compassionate ground. ‘Suitable post’ has to
be considered, considering status/post held by the deceased
employee and the educational qualification/eligibility criteria
is required to be considered, considering the post held by the
deceased employee and the suitability of the post is required
to be considered vis a vis the post held by the deceased
employee, otherwise there shall be no difference/distinction
between the appointment on compassionate ground and the
regular appointment. In a given case it may happen that the
dependent of the deceased employee who has applied for
appointment on compassionate ground is having the
educational qualification of ClassII or ClassI post and the
deceased employee was working on the post of Class/Grade18
IV and/or lower than the post applied, in that case the
dependent/applicant cannot seek the appointment on
compassionate ground on the higher post than what was
held by the deceased employee as a matter of right, on the
ground that he/she is eligible fulfilling the eligibility criteria
of such higher post. The aforesaid shall be contrary to the
object and purpose of grant of appointment on
compassionate ground which as observed hereinabove is to
enable the family to tide over the sudden crisis on the death
of the bread earner. As observed above, appointment on
compassionate ground is provided out of pure humanitarian
consideration taking into consideration the fact that some
source of livelihood is provided and family would be able to
make both ends meet."
Significance:
This Judgement clears that the post that would be offered to the dependent of a Government Servant under Dying in Harness Rules would be according to his qualification vis a vis the post held by the deceased Government Servant.
124th Constitution Amendment Bill
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