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Supreme Court of India 2021-10-05 allowed

THE STATE OF UTTAR PRADESH & ORS vs PREMLATA

Bench: 2 — M. R. Shah, A. S. Bopanna

In Brief

The widow of a deceased police officer (who held a Class-IV post) sought appointment on compassionate ground to a higher Grade-III post. The High Court's Division Bench ruled she could claim any post matching her educational qualifications. The Supreme Court reversed this, holding that "suitable post" in compassionate appointment rules must be assessed relative to the deceased employee's post, not the applicant's qualifications alone. Compassionate appointment is humanitarian relief from sudden destitution, not merit-based recruitment. The Court upheld the offer of a comparable Class-IV post (Messenger), which the applicant had refused.

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Administrative Law Service Law Compassionate Appointment Employee Welfare Statutory Interpretation

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