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Supreme Court of India 2021-08-03 dismissed

State of Uttar Pradesh & Ors vs Uttam Singh

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The State of Uttar Pradesh appealed against a High Court order granting compassionate appointment to Uttam Singh following his father's death in service. The father had been appointed as a Tubewell Operator through proper selection against a regular vacancy, yet was designated 'Part Time' though treated as a regular employee with regular pay-scale, inter-departmental transfers, and election duties for 13 years. The Supreme Court upheld the High Court order, holding that the substance of employment (regular pay, work hours, transfers, statutory deployment) demonstrated regular employment status qualifying the father as a 'Government servant' under the 1974 Rules. The Court dismissed the appeal, noting discrimination against the respondent compared to similarly situated candidates and costs awarded throughout."

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Administrative Law Service Law Compassionate Appointment Government Employment Equal Pay for Equal Work

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