Court : Allahabad
Reported in : 2000(1)AWC473; (2000)1UPLBEC503
..... cannot be denied benefit merely on the ground that the candidate is not financially dependent on the freedom fighter.3rd point : mandatory provisions of brochure are binding 14. ..... the circumstances mentioned below, the petitioners may be granted admission in the course according to their merit in their category in the cpmt-99 :* petitioners are dependents of freedom fighters and entitled to the benefits of the reservation act. ..... the supreme court while interpreting reservation for dependents of ex-servicemen had observed that the meaning ofreservation of dependent of ex-servicemen would be lost if it could be made available to those who are gainfully ..... both sides agree that the reservation for dependents of freedom fighter has to be provided on the interpretation of the words 'dependent' and 'freedom fighter under the reservation ..... in the first writ petition also indicated that the petitioner is also dependent of the freedom fighter within the meaning of the reservation act. ..... act does not envisage that a candidate should be financially dependent upon such freedom fighter.the harinder singh case 10. ..... , these writ petitions may be decided on the basis of the answer to the question, 'whether the petitioners are dependents of the freedom fighters under the reservation act or not. ..... what is the interpretation of the word 'dependent' in the uttar pradesh public services (reservation for physically handicapped, dependents of freedom fighters and ex-servicemen) act, 1993 (the 'reservation .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(2)AWC1518; (2001)3UPLBEC2080
..... as the intention of the legislature is abundantly clear that it does not choose to impose any restriction or condition and thus it is sufficient if the person claiming certificate as a dependent is son or a daughter or a grandson and unmarried grand daughter who will be entitled for grant of such certificate, this court directed the district magistrate to grant such a certificate.a bare perusal of section 2 (b) leaves no manner of doubt that ..... in account the stand taken in the counter-affidavit, sworn by the special secretary (personnel) of the state government, that the act concedes grant of certificate in favour of a dependent of a freedom fighter who could be a son as well as grandson and the view of the district magistrate that since the petitioner is dependent on his father, who is a lecturer, and thus not entitled to such a certificate, is not correct in the light of the plain language of the provisions of the act ..... as per the government order dated 7.9.1972 (as contained in annexure-3 clarifying the earlier government order dated 6.2.1972) the grandsons who are dependents of freedom-fighters, are entitled for certificate of dependent of freedom-fighters which after its deletion by government order dated 3.4.1972 (as contained in annexure-4) was again included vide government order dated 19.1.1977 (as contained in annexure-5). .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(3)AWC2080
..... however, the supreme court did not approve the verdict of the high court and has held that the claim for compassionate appointment was based on the ground that the claimant was a dependant of a deceased employee, even though strictly this claim cannot be upheld on the touchstone of articles 14 and 16 of the constitution, but the supreme court has upheld this claim as reasonable and permissible on the basis of sudden ..... was held that her statement that she was the widow of the deceased government servant was not at all incorrect, that she being a member of a hindu joint family her statement and she was dependent upon her husband was also not incorrect and in these circumstances the refusal was not justified in the light of jethi devi v. ..... grade ii can be no ground for the government in repeating the same mistake by offering compassionate appointment to a dependent to a post above the rank of lower division clerk and the state cannot be permitted to commit the same mistake.in another decision, the supreme court has turned down the plea of discrimination in rejecting the claim of the dependent son as a teacher and as inspector/assistant sub-inspector of police after he had been offered a post of clerk and ..... of employment in such lowest posts by making an exception to the rule is justifiable and valid since it is not discriminatory and the favour being given to the dependent of the employee dying-in-harness on such posts has the rational nexus with the object sought to be achieved, i.e. .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)2UPLBEC1673
..... in non-government recognised aided institutions dying-in-harness without result in all the vacancies in class iii posts in non-government recognised aided institutions which are required to be filled by direct recruitment being made available to the dependants of persons employed on the teaching/non-teaching staff of such institutions who die-in-harness and the right of other persons who are eligible for appointment to seek employment on those posts by direct recruitment would be completely ..... or the state government to appoint one of the_ dependants shall not be violative of articles 14 and 16 of the constitution because it is to mitigate the hardship due to the death of the bread-earner of the family and sudden misery faced by the members of the family of such employee who ..... on compassionate ground is an exception to the equality clause under article 14 and can be upheld if such appointees can be held to form a class by themselves, otherwise any such appointment merely on the ground that the person concerned happens to be a dependant of an ex-employee of the state government or the central government shall be violative of articles 14 and 16 of the constitution: but this court has held that if an employee dies while in service then according to rule framed by the central government .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(4)AWC259
..... there are 2 posts still lying vacant and the petitioner having been a successful candidate in the general category and as also being entitled to the benefit of reservation for dependants of freedom fighters, should have been recommended for appointment particularly, when in the case of the other state services includig administrative. ..... the commission to have inquired from the state government as to why one post is not reserved for the dependants offreedom fighters when the number of vacancies sought to be filled in the year 1993 examination was 26 in ..... to act in accordance with law inasmuch as it did not give the benefit of reservation to the dependants of freedom fighters on the pretext that the reservation was not made by the state government.11. ..... the selection for 206 posts and, therefore, vacancies should have been reserved in view of the statutory provisions for the dependants of freedom fighters and that the commission has been misleading the court. ..... public service commission had specifically made a mention about the reservation to the dependants of freedom fighters and requisite certificate with regard to the reservation to this category of candidates were called for by the public service commission in the advertisement published in ..... in view of the above fact, 4 posts were required to be reserved for the dependants of freedom fighters in the total vacancies for which the commission had held the examination for the year, 1993 and at any rate, one post was required to be .....
Tag this Judgment!Court : Allahabad
Reported in : 2004(2)AWC1742
..... supreme court in catena of decisions the compassionate appointment is necessarily to be given to the petitioner to enable the penurious family of the deceased employee to tide over the sudden financial crises and to overcome the family and dependants of the deceased employee died in harness leaving his family as penury without any means of livelihood in the peculiar circumstances out of humanitarian consideration taking into consideration the fact that without any source of livelihood the ..... , however, the supreme court did not approve the verdict of the high court and has been held that the claim for compassionate appointment was based on the ground that the claimant was a dependant of a deceased employee, even though strictly this claim cannot be upheld on the touchstone of the articles 14 and 16 of the constitution, but the supreme court has upheld this claim as reasonable and permissible on the basis ..... held that her statement that she was the widow of the deceased government servant as not at all incorrect, that she being a member of a hindu joint family and she was dependant upon her husband was also not incorrect and in these circumstances the refusal was not justified in the light of jethi devi v. ..... of employment in such lowest posts by making an exception to the rule is justifiable and valid since it is not discriminatory and the favour being given to the dependant of the employee dying-in-harness on such posts has the rational nexus with the object sought to be achieved, i.e. .....
Tag this Judgment!Court : Rajasthan
Reported in : 2000(2)WLN267
..... this court suo moto issued notice to the state as well as to the learned advocate general on 6.8.99 as why this proviso, which enables a dependant to claim employment on compassionate ground at any belated stage after attaining the majority, should not be struck down as the same might be violative of the provisions of articles 14 and 16 ..... it further reads as under:-'in case the husband or wife, as the case may be, is not willing for employment and the eldest of the dependants has not attained the age of 18 years, the information to this effect may be furnished to the head of the department within the period of three months from the date of the death of the ..... of the above, as the very purpose of compassionate employment is to redeem the family from immediate financial hardship, the amendment contained in clause (3) of rule 10 to make it available to a dependant whenever he attains majority, cannot be sustained in the eyes of law being violative of the provisions of articles 14 and 16 of the constitution. ..... petition has been filed for seeking employment on compassionate ground under the rajasthan compassionate appointment of dependants of deceased government servants rules, 1996 (for short, 'the rules, 1996').(2). ..... it will, therefore, be seen that a provision made for giving appointment to a dependant of deceased government servant in preference to others who enjoy equal right of consideration for appointment to a government service is protected merely by reason of being exception .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(4)WLN401
..... justice chauhan is correct and as has rightly been pointed out by him, the mode of employment by succession is not permissible in law and if the eldest dependant attains the age of 18 years after an inordinate delay from the date of death of the employee, offering appointment to him at such a belated stage would nol serve the purpose of ..... , in view of the above, as the very purpose of compassionate employments to redeem the family from immediate financial hardship, the amendment contained in clause (3) of rule 10 to make it available to a dependant whenever he attains majority, cannot be sustained in the eye of law being violative of the provisions of articles 14 and 16 of the constitution. ..... supra).the supreme court in this case held that there cannol be reservation of a vacancy till the dependant becomes major/eligible for appointment if he is minor al that time unless there is some special ..... the respondent filed the above writ petition to declare the provisions of rule 5 to the extent of excluding a dependant whose mother/father, brother and sister (being spouse, son or daughter of deceased employee) is in service as illegal andarbitrary and unconstitutional ..... death of deceased government servant which has since been extended to 90 days has been provided with the object of ensuring that appointment on compassionate ground is given only in deserving cases to dependants of a government servant dying in harass to mitigate the immediate hardship and at the earliest point of time. .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(1)AWC373
..... appointing authority shall now consider the case of all applications of the heirs/dependents of late prem lal who are applicants for employment under rule 7 of the ..... for the petitioner urged that his father prem lal died in harness and he being the son and one of the dependent is entitled to be considered for appointment, under the dying-in-harness rules. ..... 2 is directed to consider the case of petitioner and other heirs/dependents of prem lal who claim appointment and decide the question of appointment under dying-in-harness rules amongst the children from first wife or ..... srivastava and urged that she was the only dependent on the date of death of prem lal and was entitled to be appointed under the dying-in- ..... its mind to the relevant rules and without considering the claim of other heirs/dependents of prem lal is vitiated in law and liable to be quashed.21. ..... under the uttar pradesh recruitment of dependents of government servants dying-in-harness rules, 1974, family has ..... could be recognised as legally wedded wife and dependent in law only if it is proved that ..... 3 are heirs and dependents of prem lal depends on the question whether the father of petitioner prem lal was hindu and died as hindu as pleaded by his son petitioner from the ..... the uttar pradesh recruitment of dependents of government servants dying-in-harness rules, 1974, makes it clear that in case an application is filed for appointment under the dying-in-harness rules, the application shall contain all the details and if .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1998IVAD(SC)514; AIR1998SC2230; JT1998(4)SC155; 1998(3)SCALE590; (1998)5SCC192; [1998]3SCR432; 1999(1)SLJ32(SC); (1998)2UPLBEC1310
..... dying in harness would result in all the vacancies in class iii posts in non-government recognised aided institutions which are required to be filled by direct recruitment being made available to the dependents of persons employed on the teaching/non-teaching staff of such institutions who die in harness and the right of other persons who are eligible for appointment to seek employment on those ..... consideration is whether in the absence of the amendment that was made in the regulations vide notification dated february 2, 1995, it was incumbent for the authorities to appoint the dependents of a member of the teaching/non-teaching staff in a non-government recognised aided institution dying in harness on a class iii post even though no post was available for ..... iv and appointment on these posts is made by direct recruitment, the object underlying the provision for giving employment to a dependent of a person employed on teaching/non-teaching staff who dies in harness would be achieved if the said provision in the regulations is construed to mean that in the matter of appointment of a dependent of teaching/non-teaching staff in a non-government recognised aided institution dying in harness if a post in class iii is ..... the learned counsel for the appellants has pointed out that the aforesaid directions given by the high court regarding the appointment of dependents of teaching/non-teaching staff in non-government recognised aided schools and colleges on a class iii post and for creating .....
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