Case Note & Summary
The Supreme Court addressed the appeals concerning the entitlement of dependants of deceased daily wage workers to compassionate appointments under the U.P. Recruitment of Dependants of Government Servant Dying in Harness Rules, 1974. The factual background involved two cases where the deceased had worked as daily wage laborers for extended periods but were not classified as permanent or temporary government employees. The first case involved Balam Singh, who had worked for over 12 years before his death, while the second involved Leelladhar Pandey, whose case was still pending in court at the time of his death. Both dependants sought appointments on compassionate grounds, which were denied based on the argument that their deceased relatives were not regular employees. The High Court had initially ruled in favor of the dependants, directing the appellants to consider their applications. However, the Supreme Court found that the definitions within the Rules did not encompass daily wage workers as government servants, thus rendering the dependants ineligible for the compassionate appointments they sought. The court emphasized that the existence of a regular vacancy is a prerequisite for such appointments and that the long service of daily wage workers does not equate to a claim for regularization or compassionate appointment. The court ultimately set aside the High Court's orders and allowed the appeals, stating that the impugned judgments could not be sustained. No costs were awarded in the decision.
Headnote
A) Employment Law - Compassionate Appointment - Eligibility of Dependants - U.P. Recruitment of Dependants of Government Servant Dying in Harness Rules, 1974, Rule 2 - The court held that dependants of daily wage workers do not qualify as government servants under the Rules, thus ineligible for compassionate appointment. The deceased were neither permanent nor temporary employees, and their appointments did not arise from regular vacancies (Paras 2-31).
Issue of Consideration
Whether dependants of deceased daily wage workers are entitled to appointment on compassionate grounds under the U.P. Recruitment of Dependants of Government Servant Dying in Harness Rules, 1974.
Final Decision
The Supreme Court set aside the High Court's orders and allowed the appeals, ruling that dependants of daily wage workers are not entitled to compassionate appointments under the Rules as they do not qualify as government servants.
Law Points
- Compassionate appointment
- definition of government servant
- constitutional scheme of equality
- recruitment rules
- daily wage employment
