#07.06.2021

[eulchu]

07.06.2021

[sureshsarvesh]

07.06.2021

[seemabhatnagar]

Compassionate appointment is not an temporary appointment

Manoj Kumar v. Ziladhikari Distt. Mainpuri & Another

Writ Petition: 6119/2001

Before Hon'ble Allahabad High Court

Disposed of on 04.12.2023 by Hon’ble Mr. Justice Kshitij Shailendra J

Facts

1.      Petitioner's father namely Munna Lal was working as a permanent Clerk in the office of respondent and he died in harness on 09.02.1990, whereafter a supernumerary post was created and the petitioner was appointment on compassionate grounds on 27.09.1997.

2.      After 03 years in service passed, an order was passed on 22.01.2000 observing that in view of UP Temporary Government Servants (Termination of Services) Rules, 1975, the services of the petitioner were no more required and the same accordingly, would be treated as terminated from the date of receipt of notice.

3.      The order terminating the services of the petitioner is challenged in this writ petition.

Submission of the Counsel of the Petitioner

1.      UP Temporary Government Servants (Termination of Services) Rules, 1975, are not applicable to the petitioner's services.

2.      It is well settled that a person who was appointed on compassionate ground, his appointment is substantive in nature and, therefore, petitioner could not be terminated as a temporary employee.

Submission of the Counsel of the Opposite Party

1.      In the appointment letter, it was mentioned that petitioner's appointment is purely temporary which can be terminated without any prior intimation.

2.      Manoj Kumar has already expired and, therefore, the writ petition has become infructuous.

3.      It was also alleged that petitioner absented himself from duty without any prior information and despite service of show cause notice upon him, he did not responded, hence, the termination order was passed.

4.      The operation of the termination order was stayed by this Court on 19.02.2001 and the petitioner continued to work in the department until death which occurred on 23.12.2020.

5.      Writ Petition was dismissed for want of prosecution in the year 2018, and has been restored in October, 2023 and because of no knowledge of the order of dismissal, either to the petitioner or to the respondents, the services of the petitioner Manoj Kumar were not disturbed till his death.

6.      After petitioner's death, his widow, Smt. Manju Lata, made her claim for compassionate appointment, however, Senior Treasury Officer, Mainpuri, in his order dated 07.06.2021,  observed that on account of pendency of present petition, the financial condition of the claimant widow cannot be examined.

Observation of the Court

1.      Merely because the nature of appointment of the petitioner Manoj Kumar was described as "temporary" in the letter of appointment, the U.P. Recruitment of Dependent's of Government Servant Dying in Harness Rules, 1974 being statutory Rules, nowhere provide that the compassionate appointment of an appointee is temporary in nature.

2.      Regarding nature of services of compassionate appointee, order has been passed by the  Division Bench of this Court in the case of Ravi Karan Singh vs. State of UP & others; holding that the appointment under dying-in-harness rules is of permanent nature.

3.      Later, another Division Bench approved the decision passed in the case of Ravi Karan Singh (supra)  by judgment dated 16.07.2002 in the case of Sanjay Kumar v. Deputy Director General (NCC) Directorate, U.P. Lucknow & Others.

4.      The view taken by the respondents in the order impugned terming the nature of appointment of a compassionate appointee as temporary in nature, cannot be approved and is held to be contrary to law.

5.       In so far as stand taken in the counter affidavit regarding some proceedings against the petitioner, the Court is of the view that no such ground has been taken in the order impugned which has been passed only by relying upon Rules which are not applicable.

6.      If the department proceeded to hold certain proceedings against Manoj Kumar, it would be presumed that the department was treating him as a regularly appointed person and not a temporary appointee.

Order

1.      The order terminating the services of the petitioner cannot be sustained in law and is hereby quashed and Writ Petition is allowed.

2.      The concerned authorities are directed to consider the claim of the petitioner's widow for compassionate appointment as per the statutory rules and after analyzing financial condition of the family within a period of three months from the date a certified copy of this order is produced before them.

3.      They shall also consider the claim of the heirs of the deceased petitioner for release of financial benefits arising out of services of the deceased petitioner within the same period of time.

Seema Bhatnagar

[vivichancollection]

bnha redo edition

received 07.06.2021

[motivacionyentretenimiento]

Cójanla.....!!! Se robo mis pantalones....!!!

[feuerwehrsammler]

LF 16/12 Freiwillige Feuerwehr Greiz [07.06.2021]

[liam-93-productions]

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@SteveBarlettSC: There are very few people who have experienced what he  has in the last decade. Liam Payne opens up about his darkest moments, failed relationships & becoming an an entrepreneur. He's inspiring, complex and deeply honest You are going to love this  https://g2ul0.app.link/EP83

[seanslaters]

Darren and Nancy + love

[resiliense]

Hoy mi corazón se siente extraño, apretado y triste. Es un sentimiento de vacío que no puedo expresar, es un sentimiento que parece arrastrar todo y nada de mi, porque no te haz ido, pero tampoco estás.

No verte me hace sentir que algo me falta, que algo o alguien desprende partes de mi que no sabian que existían, porque una parte de mi corazón se fue contigo, junto con las ganas de sonreír.

-amunet & Sir. Black Sould 

[hosgeldinhuzun]

[lorenzoxfrancesco]

MATTEO MARTARI

From his Instagram

07/06/2021

[kosotree]

[ID: Image is a poem overlaid on a grayscale picture of a calendar with work shifts marked and crossed out on some dates. Poem is called '07.06.2021' or 'Saving this poem under yesterday's date on my phone because I wanted to write it then, but it's three minutes past midnight and it technically doesn't count.' Poem text is:

The cost of inefficiency / in a society that values productivity / is loss of worth. / No longer to be, / but to do, or not to do, / that is the question. / Production lines and repetitive actions /training yourself into habits / to provoke maximum output: / I am no longer a painter because paining once a year at best does not count, / I am no longer a singer because I only do it on weekends or while I cook, / I am no longer a poet because I keep writing poems at 3 a.m. that I don't feel like sharing with anyone. / I have three days off next week and I'm already / wondering if it's okay not to promise that time to anyone; / because I haven't seen my friends in a while, / haven't called home in a while, / have so many things to do because I / haven't been fine in a while- / but all I want is just a little fucking time to myself / time to take a walk, / to dust off the mottled painting / I still want to add shades to, / write a poem and / not think about showing it to anyone / and just enjoy / being / for once./ by @kosotree]

[doktor-disko]

Häufig, oder: Windrichtungen

Häufig denk ich nicht an dich,

doch wenn ich einmal scrolle

durch unser'n Chat dann bildet sich

in meinem Hals 'ne Knolle.

~

Du warst das Licht am Horizont,

die Möwe vor dem Strande,

du warst die Hoffnung, dass mein Floß

am Heimatstrand ich lande.

~

Die Hoffnung bist du nimmer mehr,

die Möwe bleibst du immer,

du bist das Licht, doch treibt der Wind

mich fort von deinem Schimmer.

---

Doktor Disko

[vivichancollection]

happy birthday charlotte1412 edition

received 07.06.2021

[swiftletinthecloud]

lolololol morata tying for spain (although it was mostly dani olmo and bundesliga supremacy that set it up for him)