The engagement of the elder son will not obstruct the petitioner’s request for appointment on humanitarian grounds in any way is upheld by the Uttarakhand High Court in the case of Dineh Chanda Garkoti v. State of Uttarakhand through Justice Sharad Kumar Sharma.
FACTS OF THE CASE
Being a member of the family, the petitioner raised his request to be considered for appointment on compassionate grounds based on the qualifications he claimed to have at the time. However, the petitioner’s request was denied on the grounds that he did not meet the requirements at the time. The petitioner’s father, who was a confirmed employee and was working as class IV employee, in the School Education Department, had tragically passed away.
The petitioner’s attorney had argued that if Rule 5 of the Dying-in-Harness Rules were taken into account, then if a logical interpretation of the said provision is given, it nowhere provides for or creates any embargo that if one of the deceased person’s family members was already employed in a government department, it would impede the rights of another member of the family to be appointed under the Dying-in-Harness Rules, with the exception of the deceased person’s spouse.
The Court ruled that if one of the deceased employee’s sons was already employed by a government agency, that employment would be treated as an independent engagement in his own right and capacity, and that if Rule 5 of the Dying-in-Harness Rules is interpreted that in itself will not prevent the second son from requesting an appointment.
The Court said that the engagement of the elder son will not obstruct the petitioner’s request for appointment on humanitarian grounds in any way.
Accordingly, the Court granted the writ petition to have the petitioner appointed to a suitable position on compassionate grounds.
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JUDGEMENT REVIEWED BY NISHTHA GARHWAL