HIRA MAN versus STATE OF U.P. AND ORS.

HIRA MAN versus STATE OF U.P. AND ORS.

Rules 4, 5 and 8 of the Dying in Harness Rules, 1974, when read together, give the rules overriding effect only to the extent of age and procedural requirements for selection, not to basic eligibility conditions or existing statutory provisions on recruitment. Thus, the post of clerk reserved for promotion could not be claimed by the respondent under the compassionate grounds rules, and the appellant's promotion should not have been set aside.

Parties
Appellant: Hiraman; Respondents: State of U.P. and Ors.
Jurisdiction
India
Judgment Date
08 August 1997
Procedural Posture
Civil Appeal / Supreme Court Appeal From the Allahabad High Court, Division Bench Judgment in Special Appeal No. 878 of 1993
Outcome
Appeal allowed
Legal Topics
Compassionate Appointment, Dying in Harness Rules, Promotion in Service, Override of Recruitment Rules
Service Law Compassionate Appointment Dying in Harness Rules Promotion in Service Override of Recruitment Rules

Case Brief

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Parties

Hiraman

Appellant

State of U.P. and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From the Allahabad High Court, Division Bench Judgment in Special Appeal No. 878 of 1993

Legal Issues

  1. 1 Whether the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, override all other recruitment rules regarding appointment and promotion to posts not falling within the purview of the Public Service Commission, particularly in relation to eligibility criteria and post quotas.

Ratio Decidendi

Rules 4, 5 and 8 of the Dying in Harness Rules, 1974, when read together, give the rules overriding effect only to the extent of age and procedural requirements for selection, not to basic eligibility conditions or existing statutory provisions on recruitment. Thus, the post of clerk reserved for promotion could not be claimed by the respondent under the compassionate grounds rules, and the appellant's promotion should not have been set aside.

Court Disposition

Appeal allowed

Orders

  • The judgment and order of the Allahabad High Court in Special Appeal No. 878 of 1993 is set aside.
  • Civil Misc. Writ Petition No. 444 of 1991 filed by respondent No. 4 is dismissed.