Important decision of High Court in case of compassionate appointment. Important decision of the High Court in the matter of compassionate appointment: Even if the father is getting pension, on the death of the mother, the daughter will get the job in his place – Prayagraj (Allahabad) News

,

In this case, the court canceled the order of BSA Moradabad, in which it had rejected the petitioner’s application for compassionate appointment. BSA had canceled it on the grounds that his father was receiving pension. The petitioner is not in financial crisis. Justice Prakash Padia gave this order on the petition of Farha Naseem.

The petitioner’s mother Shahana B died on November 2, 2023 while working as an assistant teacher. The petitioner applied for compassionate appointment before BSA. The petitioner’s sisters are working as assistant teachers. Also, father is a retired employee. They get pension. In such a situation, on this basis, the application for compassionate appointment was rejected by the order of BSA dated June 12, 2024. The petitioner challenged this in the High Court.

BSA’s order declared illegal

The petitioner’s lawyer told the court that the BSA order is illegal. The petitioner’s sisters were married before their mother’s death. If sisters are working somewhere then compassionate appointment cannot be denied. Also cited Vanshika Nigam vs. State of Uttar Pradesh and 3 other cases.

The Court said that from perusal of the record, it is clear that the two grounds on which the petitioner’s claim for compassionate appointment was rejected are not sustainable in the eyes of law.

The court canceled the order of the District Basic Education Officer, Moradabad and directed to pass a new order within six weeks.