VidhiSangh

Supreme Court of India · 02/08/2022

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

[2022] 7 S.C.R. 114 · 2022 INSC 787

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Summary

The son of a deceased Class-IV Sweeper refused a compassionate appointment as Sweeper under Rule 5 of the U.P. Dying-in-Harness Rules, 1974. He claimed the Class-III post of Gram Panchayat Officer on the strength of his graduate qualification. The High Court rejected his claim. The Supreme Court followed Premlata: 'suitable employment' in Rule 5 is to be understood with reference to the post the deceased held, not the dependent's higher qualification. It held that the government communication relied on (Annexure P-1) was not a statutory rule. Because the death in 2016 was recent and the delay was not fatal, the Court directed that he be appointed as a Sweeper within eight weeks, in the peculiar facts of the case.

Issues

  1. Whether 'suitable employment' under Rule 5 of the 1974 Rules entitles the dependent of a deceased Class-IV employee to a Class-III post matching the dependent's qualifications.
  2. Whether a dependent who declined the offer of the deceased's post and litigated could still be appointed to that post.

Provisions considered

Held

Result

Appeal partly allowed. The High Court judgment was set aside and the District Panchayat Raj Officer, Jaunpur was directed to appoint the appellant as a Sweeper within eight weeks, in the peculiar facts of the case. No costs.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 114.