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Supreme Court of India 2021-10-05 allowed

State of Uttar Pradesh & Ors vs Premlata

Bench: 2 — M.R. Shah

In Brief

The widow of a deceased government messenger sought appointment on compassionate grounds to a Grade-III post (Workshop Hand) with reference to her educational qualifications, even though her husband held only a Class-IV post. She had failed the physical test for the higher post and was offered the lower post of Messenger. The High Court Division Bench held that 'suitable post' under the Dying-in-Harness Rules meant any post matching her qualifications. The Supreme Court reversed this, holding that compassionate appointment is purely humanitarian relief for sudden financial crisis, not career advancement, and must be linked to the deceased's post, not the dependent's qualifications.

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