RAKESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Anil Tiwari, learned counsel for the petitioner, Shri Ravi Prakash Srivastava, learned Standing Counsel for the State.

(2.) Back door entry in government service stands in clear violation of Articles 14 and 16 of the Constitution of India and it is well settled that any appointment made in violation of Articles 14 and 16 read with relevant Service Rules is void. Legitimacy cannot be conferred on the appointments which are made in derogation of rule of law.

(3.) Appointment under the Dying- in-Harness Rules is an exception to the normal mode of appointment made as per procedure prescribed in consonance with Articles 14 and 16 of the Constitution of India. Although right to appointment under Dying-in-Harness Rules is not an absolute right yet each case has to be processed and considered within the narrow ambit of prevalent rules so as to tide over the financial conditions of a family under indigent circumstances. The law on this subject for the purposes of providing employment is now well settled.