DURGESH SRIVASTAVA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri R.K. Upadhyaya, learned counsel for the petitioner and learned Standing Counsel for the State.

(2.) The question for consideration is that as to whether the compassionate appointment can be provided subject to the fulfillment of any condition to be completed in future failing which that appointment would be cancelled. To be more precise, as to whether the nature of compassionate appointment can be uncertain or temporary or it should have permanent character.

(3.) The brief facts of the case are that the father of the petitioner died in harness on 15.11.2017 while working on the post of Senior Assistant in the office of District Election Officer, Barabanki. After his death the petitioner was appointed on the post of Junior Assistant on compassionate basis on 02.05.2018 under the provisions of Dying-in-Harness Rule, 1974. He submitted his joining on such post on 17.09.2018.