Landmark Judgements: The State of U.P. Vs. Prem Lata - The Dying In Harness Case

Case : The State of U.P. Vs. Prem Lata 

Court: Supreme Court of India

Date of Judgement: 05.10.2021

Summary: 

If a Government Servants dies while in service, the Government may provide a suitable post under the Government to the dependent of the Government Servant depending upon certain criterion. But what does it mean by 'Suitable Post'? This judgement of Hon'ble Supreme Court deals with it.

Judgement:-

Click Here to read the full Judgement

The relevant para of the Judgement is quoted as under:

"10.2 The Division Bench of the High Court in the present case has

interpreted Rule 5 of Rules 1974 and has held that ‘suitable

post’ under Rule 5 of the Rules 1974 would mean any post

suitable to the qualification of the candidate irrespective of

the   post   held   by   the   deceased   employee.   The   aforesaid

interpretation by the Division Bench of the High Court is just

opposite   to   the   object   and   purpose   of   granting   the

appointment on compassionate ground. ‘Suitable post’ has to

be considered, considering status/post held by the deceased

employee and the educational qualification/eligibility criteria

is required to be considered, considering the post held by the

deceased employee and the suitability of the post is required

to be considered vis a vis the post held by the deceased

employee, otherwise there shall be no difference/distinction

between the appointment on compassionate ground and the

regular appointment. In a given case it may happen that the

dependent of the deceased employee who has applied for

appointment   on   compassionate   ground   is   having   the

educational qualification of Class­II or Class­I post and the

deceased employee was working on the post of Class/Grade18

IV   and/or   lower   than   the   post   applied,   in   that   case   the

dependent/applicant   cannot   seek   the   appointment   on

compassionate ground on the higher post than what was

held by the deceased employee as a matter of right, on the

ground that he/she is eligible fulfilling the eligibility criteria

of such higher post. The aforesaid shall be contrary to the

object   and   purpose   of   grant   of   appointment   on

compassionate ground which as observed hereinabove is to

enable the family to tide over the sudden crisis on the death

of   the   bread   earner.   As   observed   above,   appointment   on

compassionate ground is provided out of pure humanitarian

consideration taking into consideration the fact that some

source of livelihood is provided and family would be able to

make both ends meet."  

Significance: 

This Judgement clears that the post that would be offered to the dependent of a Government Servant under Dying in Harness Rules would be according to his qualification vis a vis the post held by the deceased Government Servant.

124th Constitution Amendment Bill

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