SANTOSH KUMAR DUBEY versus STATE OF U.P. & ORS.

SANTOSH KUMAR DUBEY versus STATE OF U.P. & ORS.

The appellant's claim was barred by limitation; the family overcame the economic crisis after the employee went missing, and the prevailing rules do not permit compassionate appointment in such circumstances.

Parties
Appellant: Santosh Kumar Dubey; Respondent: State of U.P. & Ors.
Jurisdiction
India
Judgment Date
18 May 2009
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed
Legal Topics
Compassionate Appointment, Limitation, Deemed Death
Service Law Compassionate Appointment Limitation Deemed Death

Case Brief

Summary, issues, holding and outcome

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Parties

Santosh Kumar Dubey

Appellant

State of U.P. & Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the appellant is entitled to compassionate appointment on the basis of deemed death under Section 108 of the Evidence Act, 1872.
  2. 2 Whether the claim for compassionate appointment was filed within the prescribed period under the U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974.
  3. 3 Whether the family of the missing employee faced a sudden economic crisis warranting compassionate appointment.

Ratio Decidendi

The appellant's claim was barred by limitation; the family overcame the economic crisis after the employee went missing, and the prevailing rules do not permit compassionate appointment in such circumstances.

Court Disposition

Appeal dismissed

Orders

  • No direction for compassionate appointment.
  • No interference with High Court order.