VidhiSangh

Supreme Court of India · 05/10/2021

THE STATE OF UTTAR PRADESH & ORS. versus PREMLATA

[2021] 8 S.C.R. 597 · 2021 INSC 619

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Summary

The Court rejected a widow’s claim to compassionate appointment in Grade III based on her higher educational qualifications. Under the applicable Dying-in-Harness Rules, suitability had to be considered with the deceased employee’s post and the scheme’s purpose of relieving sudden financial hardship. Qualifications alone did not confer a right to a higher post. Having failed the eligibility requirements for the posts sought, she was properly offered the Messenger post equivalent to her husband’s. The Single Judge’s dismissal of her writ petition was restored.

Issues

  1. Whether suitable employment under Rule 5 meant any post matching the dependent’s educational qualifications regardless of the deceased employee’s post.
  2. Whether the respondent could insist on Grade III appointment after failing eligibility requirements and declining an offered Messenger post.

Provisions considered

Held

Result

State’s appeal allowed; Division Bench judgment set aside and Single Judge’s order dismissing the writ petition restored. No costs.

Judgment PDF: Supreme Court of India, [2021] 8 S.C.R. 597.