GENERAL MANAGER, UTTARANCHAL JAL SANSTHAN versus LAXMI DEVI AND OTHERS.

GENERAL MANAGER, UTTARANCHAL JAL SANSTHAN versus LAXMI DEVI AND OTHERS.

Daily wage employees are not covered in the definition of government employees under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974. Thus, their dependents are not entitled to compassionate appointment. Appointment made without following recruitment rules and the constitutional scheme is a nullity, and a circular cannot override statutory rules. The High Court erred in directing consideration of such claims.

Parties
Appellant: General Manager, Uttaranchal Jal Sansthan; Respondents: Laxmi Devi and Others
Jurisdiction
India
Judgment Date
15 May 2009
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeals allowed, High Court judgments set aside.
Legal Topics
Compassionate Appointment, Definition of Government Servant, Permanency of Daily Wagers, Constitutional Equality Under Articles 14 and 16
Service Law Constitutional Law Compassionate Appointment Definition of Government Servant Permanency of Daily Wagers Constitutional Equality Under Articles 14 and 16

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

General Manager, Uttaranchal Jal Sansthan

Appellant

Laxmi Devi and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether dependents of deceased daily wage employees are entitled to compassionate appointment under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974
  2. 2 Whether daily wage service confers status as government servant for the purpose of compassionate appointment

Ratio Decidendi

Daily wage employees are not covered in the definition of government employees under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974. Thus, their dependents are not entitled to compassionate appointment. Appointment made without following recruitment rules and the constitutional scheme is a nullity, and a circular cannot override statutory rules. The High Court erred in directing consideration of such claims.

Court Disposition

Appeals allowed, High Court judgments set aside.

Orders

  • Judgments of the High Court are set aside.
  • No order as to costs.