Court directs UP State Road Transport Corporation to reconsider appointment in light of statutory provisions and established law
The Allahabad High Court, under the judgment of Justice Mrs. Manju Rani Chauhan, has reprimanded the UP State Road Transport Corporation for offering a contractual appointment under compassionate grounds, which contradicts statutory provisions and established legal precedents. This decision came in the case of Sumit Kumar Singh v. State of U.P., where the petitioner, Sumit Kumar Singh, challenged the contractual nature of his appointment following the death of his father, a government servant, on compassionate grounds.
The petitioner, Sumit Kumar Singh, was appointed on a contractual basis as a conductor under the Dying-in-Harness quota, after attaining majority. He argued that such an appointment contradicted the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, which do not provide for contractual appointments under compassionate grounds. Sumit Kumar Singh cited past judgments, including those by the Full Bench of the Allahabad High Court, to support his claim that his appointment should have been permanent.
The court observed that the petitioner, not being aware of the intricacies of the law, accepted the contractual appointment but now seeks justice as per the legal standards. Justice Chauhan emphasized that government authorities have a duty under Article 14 of the Constitution of India to act fairly and reasonably, especially when dealing with vulnerable individuals who may not be aware of legal nuances. The court critiqued the authorities for their careless actions, which have led to unnecessary litigation and clogged the judicial system.
The judgment highlighted the need for government entities to ensure compliance with statutory provisions and exercise due diligence in their actions. It underscored the responsibility of the authorities to protect the interests of individuals who depend on compassionate appointments for their livelihood, and not penalize them for lack of legal awareness.
Justice Chauhan granted the respondents two weeks to review the matter and take necessary actions, with instructions to inform the court of their progress by the next hearing scheduled for January 7, 2026. The court’s decision serves as a reminder to government entities to act responsibly and prevent vexatious legal proceedings, aligning with the Supreme Court's views on reducing unnecessary litigation.
Bottom Line:
Appointment under compassionate grounds cannot be made on a contractual basis if it contradicts the statutory provisions and settled position of law. Authorities are obligated to act fairly and in accordance with Article 14 of the Constitution of India.
Statutory provision(s): Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, Constitution of India - Article 14
Sumit Kumar Singh v. State of U.P., (Allahabad) : Law Finder Doc Id # 2825322
