SUNEEL KUMAR versus STATE OF U.P. & ORS.

SUNEEL KUMAR versus STATE OF U.P. & ORS.

The court held that "suitable employment" under Rule 5 is to be understood with reference to the post held by the deceased (a Class-IV Sweeper); the superior qualification of the dependent cannot expand that scope, but the appellant was entitled under the statutory rule to appointment as Sweeper and the impugned High Court judgment was set aside and the appellant directed to be appointed as Sweeper within eight weeks.

Parties
Appellant: Suneel Kumar; Respondent: State of U.P. & Ors.
Jurisdiction
India
Judgment Date
02 August 2022
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal partly allowed
Legal Topics
Compassionate Appointment, Interpretation of Recruitment Rules, Dying in Harness Rules, Statutory Relief
Service Law Administrative Law Labour and Employment Compassionate Appointment Interpretation of Recruitment Rules Dying in Harness Rules Statutory Relief

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Parties

Suneel Kumar

Appellant

State of U.P. & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 What is the meaning of "suitable employment" in Rule 5 of The Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974?
  2. 2 Whether a dependent with superior qualifications can claim a post of higher class than that held by the deceased for compassionate appointment
  3. 3 Whether appellant forfeited claim by rejecting an earlier offer and/or by delay

Ratio Decidendi

The court held that "suitable employment" under Rule 5 is to be understood with reference to the post held by the deceased (a Class-IV Sweeper); the superior qualification of the dependent cannot expand that scope, but the appellant was entitled under the statutory rule to appointment as Sweeper and the impugned High Court judgment was set aside and the appellant directed to be appointed as Sweeper within eight weeks.

Court Disposition

Appeal partly allowed

Orders

  • Impugned judgment set aside.
  • Respondent No.3 District Panchayat Raj Officer, District Jaunpur, U.P. is directed to appoint the appellant to the post of Sweeper.