“Suitable Employment” For Compassionate Appointment Must Be Understood With Reference To The Post Held By The Deceased Employee

Case: Suneel Kumar vs State of UP

Coram: Justices KM Joseph and Hrishikesh Roy

Case No.: CA 5038 OF 2022

Court Observation: “The father of the appellant was working as a Sweeper borne in Class-IV post. We have noticed the view taken by this Court in Premlata (supra). In other words, the law as declared is to the effect that the words “suitable employment” in Rule 5 must be understood with reference to the post held by the deceased employee. The superior qualification held by a dependent cannot determine the scope of the words “suitable employment”.

“It may be true that the appellant may have been on the advice given persuaded to litigate the matter and persevere in his claim for a specific post. It may be true that there were rounds of litigation but as we have already noticed bearing in mind the date of the death of the employee, the claim of the appellant may not be said to be afflicted with such delay as should deprive him and the family of the deceased of relief of the appellant being appointed as a Sweeper, a right which is given under the statutory Rule.”

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