2016 LAB. I. C. (NOC) 497 (ALL.) ::2016 (3) ALJ 335 ::(2016) 150 FacLR 422 ::(2016) 4 ADJ 349 (ALL) ::(2016) 116 All LR 674 ::(2016) 3 All WC 2882 ::(2016) 3 ESC 1560

Allahabad High Court

Hon'ble Judge(s): Dhananjaya Yeshwant Chandrachud, C. J., Yashwant Varma , JJ

(A) Constitution of India Art. 15, 16, 21 — Compassionate appointment — Rejection of claim — On ground that father of claimant daughter being alive she was to be treated as dependant of father and not that of deceased mother — Said ground contrary to scheme of Constitution — Resultant order rejecting claim for compassionate appointment held improper Order of Single Judge, D/- 19-01-2016 (All), Reversed {" The High Court has proceeded on the basis that since the father of the claimant daughter is alive, she shall be deemed to be the dependant of her father and that it is the father who has to provide for her. Whether or not the claimant was or was not dependant on the deceased mother is a question of fact to be determined by the competent authority. "}

(B) Constitution of India Art. 16, 309 — U P Recruitment of Dependants of Government Servants Dying-in-Harness Rules (1974), R 7 — Compassionate appointment — Rejection of application — On ground that daughter of deceased employee as well as widowed daughter-in-law both filed applications — Applications cannot be rejected on ground that there are more than one applicant — Decision has to be taken keeping in view overall interest and welfare of entitle family — Order of rejection passed contrary to provisions of Rules — Competent authority directed to consider matter afresh Order of single Judge, dated 19-01-2016 (All), Reversed (Para 4)