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The State of Uttar Pradesh v. Premlata

Civil Appeal · 2021 INSC 619Decided 5 Oct 2021
Civil Appeal No. 6003 of 2021
Justice M.R. Shah · Justice A.S. Bopanna

Background

Premlata's husband, a Class-IV Messenger in the UP Police Radio Department, died in service. She first applied for a higher post she wasn't qualified for, then applied for the Grade-III post of Workshop Hand but failed its mandatory physical test; she was then offered the lower post of Messenger (equivalent to her husband's own post), which she refused, insisting she was entitled to a Grade-III post given her educational qualifications. The High Court's Division Bench agreed with her, directing the state to consider her for a suitable Grade-III post.

Decision Breakdown

The Supreme Court held that compassionate appointment is a concession, not a right, meant only to help a bereaved family tide over a sudden financial crisis, not a parallel, easier route into a higher post than the deceased employee held. Under the Dying-in-Harness Rules, 1974, "suitable post" must be read in light of the post actually held by the deceased, not simply the dependent's educational qualifications. Since the deceased held a Class-IV post and Premlata had already been offered the equivalent Messenger post, the High Court's interpretation defeated the scheme's purpose. The appeal was allowed, the High Court's order was set aside, and the Single Judge's dismissal of her writ petition was restored.

Lesson Learnt

Compassionate appointment schemes exist to relieve a family's financial distress after a breadwinner's death, not to secure a better job than the deceased had: a dependent's own qualifications do not entitle them to a higher-grade post as of right.

Official source (sci.gov.in)View Judgment (PDF)

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