Compassionate Appointment - Unmarried dependent brother held eligible

Allahabad High Court Rules Unmarried Dependent Brother Eligible for Compassionate Appointment Court clarifies exclusion clause under U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, does not apply if deceased employee's spouse is predeceased.

In a significant ruling, the Allahabad High Court, presided over by Justice Manish Mathur, has delivered a judgment that expands the interpretation of the U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, regarding compassionate appointments. The court held that an unmarried dependent brother is eligible for compassionate appointment if the deceased government servant's spouse had predeceased him, clarifying that the exclusion clause in Rule 2(c)(iv) does not apply in such circumstances.

The case, titled Devendra Pratap Singh v. State of U.P, involved the petitioner challenging the rejection of his application for compassionate appointment following the death of his elder brother, Mahendra Pratap, a government employee. Mahendra Pratap's wife had passed away before him, leaving the petitioner as a dependent. However, the application was initially rejected on the grounds that the deceased was married at the time of death.

The court examined Rule 2 of the 1974 Rules, emphasizing that the exclusion of unmarried dependent brothers applies only when the deceased has a living spouse. Justice Mathur noted that the primary intent of the rules is to provide relief to the family of the deceased government servant, which should be interpreted with a purpose-oriented approach to prevent misapplication.

Citing previous judgments, the court underscored the need for beneficial legislation to be construed liberally to fulfill its objectives. The court concluded that the exclusion of the unmarried dependent brother is unwarranted where the deceased's spouse is not alive, as it does not serve the intended protective purpose for the spouse's rights.

Consequently, the court quashed the order rejecting the petitioner’s application and directed the relevant authorities to reconsider his eligibility for compassionate appointment within six weeks. This ruling reinforces the principle that compassionate appointment rules should be applied to genuinely aid the bereaved families of government servants.

Bottom Line:

Compassionate Appointment - Unmarried dependent brother eligible for compassionate appointment under U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, if spouse of deceased is unavailable, as exclusion clause of Rule 2 (c)(iv) does not apply in such cases.

Statutory provision(s): U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 Rule 2(c)(iv), Constitution of India, Article 14

Devendra Pratap Singh v. State of U.P, (Allahabad)(Lucknow) : Law Finder Doc Id # 2804933