Allahabad High Court Rules: Compassionate Appointments Should Adhere to Rules at Time of Employee’s Death

The Allahabad High Court has ruled that compassionate appointments should be determined based on the rules applicable at the time of the employee’s death, and not by any orders passed after the fact. This ruling came in response to a petition filed by Saurabh Suchari from Kanpur, concerning a disputed compassionate appointment order issued by the District Commandant Homeguard, Kanpur Nagar.

Justice Prakash Padia directed that Suchari’s claim be reconsidered afresh, setting a deadline of three months for a decision to be made. The case involves Suchari’s father, who served as an honorary Company Commander in the Homeguard department and passed away on October 18, 2020. Following his death, Suchari’s mother applied for her son’s compassionate appointment to the same position.

However, the District Commandant Homeguard, Kanpur Nagar, initially appointed Suchari to a volunteer position in the Homeguard, which led him to challenge the decision in the High Court, seeking the same honorary position held by his father. The court, acknowledging the merits of the petition, has instructed that the claim be reviewed anew within the specified timeframe, ensuring adherence to the rules in force at the time of the employee’s demise.

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