Compassionate Appointment: Can a Married Govt Servant's Unmarried Brother Get a Job? | UP Rules скачать в хорошем качестве

Compassionate Appointment: Can a Married Govt Servant's Unmarried Brother Get a Job? | UP Rules

In this video, we delve into a critical question in service law: Can an unmarried elder brother claim compassionate appointment after the death of a married government servant, especially when the widow herself is employed in government service? This scenario frequently arises in government employment and carries significant implications for families. What is Compassionate Appointment? Compassionate appointment is not a regular mode of recruitment. It is an exception designed to provide immediate financial relief to the family of a government servant who dies while still in service ("in harness"). The primary objective is to prevent the family from falling into financial destitution due to the sudden loss of their breadwinner. Rules Applicable in Uttar Pradesh: In Uttar Pradesh, this scheme is governed by the "U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974". Eligibility - Definition of "Family" under Rule 2(c): The definition of "family" under Rule 2(c) is crucial: If the deceased government servant was married, eligible dependents include the wife/husband, sons, unmarried or widowed daughters, and the widowed mother. However, if the deceased was unmarried, the definition expands to include unmarried brothers and unmarried sisters. Key Takeaway: An unmarried brother becomes eligible for compassionate appointment only if the deceased was unmarried. Applying to Our Specific Case: In the given scenario, the deceased police employee was married, and his wife was also employed in the UP Police. Under the 1974 Rules, since the deceased was married, the unmarried brother is explicitly not included in the definition of "family". Therefore, only the widow is eligible, and her existing government employment does not automatically transfer eligibility to the brother. Judicial Precedent and Court Stance: The Allahabad High Court, in cases like State of U.P. v. Pankaj Kumar Vishnoi, has consistently held that when a government servant dies leaving a widow, she alone is the eligible dependent. Claims by siblings (brothers or sisters) have been repeatedly rejected. The Supreme Court has also reiterated that compassionate appointment is a concession, not a right, and must strictly adhere to the scheme laid down by the rules. This means judicial interpretation aligns with the statutory text: no claim for the brother when the deceased was married. Conclusion: Under the current law in Uttar Pradesh, an unmarried elder brother of a deceased married government servant is NOT eligible for compassionate appointment. This clearly demonstrates that compassionate appointment is of a limited and exceptional nature, intended to rescue the immediate dependent family, not to create alternative employment avenues for extended relatives. Sympathy alone cannot override statutory restrictions. #CompassionateAppointment #GovernmentJobs #UPServiceRules #LawInPractice #LegalAdvice #ServiceLaw #UttarPradesh #IndianLaw #EmploymentLaw