Court rules that dependents of candidates dying before appointment letters cannot claim compassionate appointments.
In a significant ruling, the Allahabad High Court has dismissed a petition filed by Sandhya Yadav, seeking a compassionate appointment following the death of her husband, a candidate selected for the post of Constable in Uttar Pradesh Police. The judgment, delivered by Justice Anish Kumar Gupta on August 18, 2026, clarified that compassionate appointments cannot be claimed by dependents of candidates who pass away before the issuance of their appointment letters, as they are not considered to have been "borne in service."
The case originated from an advertisement issued in October 2018 for the recruitment of Constables in the Civil Police and PAC. Sandhya Yadav's husband had successfully navigated the selection process, qualifying in both the written and physical efficiency tests, and was declared selected in the final list. Tragically, he passed away on April 30, 2021, before the appointment letter was issued on June 5, 2021.
Yadav's petition argued that had the selection process been completed sooner, her husband would have joined as a constable and thus been a government servant, entitling her to a compassionate appointment under the U.P. Government Servants Dying-in-Harness Rules, 1974. Her counsel, Bramh Narayan Singh, cited previous cases, Vandana Devi and Moni Devi, where compassionate appointments were granted in similar circumstances.
However, representing the state, Additional Chief Standing Counsel Rajiv Gupta contended that since Yadav's husband was not in service at the time of his death, the rules for compassionate appointments did not apply. The court agreed, emphasizing that a candidate cannot be deemed a government servant until they officially join the service, regardless of the selection process's completion.
The court also distinguished the Vandana Devi and Moni Devi cases as based on unique circumstances where initial appointments were illegally canceled and later reinstated, and thus not applicable as general precedents.
In conclusion, the court found no merit in the petition and upheld the decision of the Superintendent of Police, Bulandshahr, to reject the compassionate appointment request. This judgment reinforces the principle that government service begins upon formal appointment, affecting eligibility for related benefits.
Bottom Line :
Compassionate appointment cannot be claimed by dependents of candidates who died before issuance of appointment letter, as they were not borne in service prior to their death.
Statutory provision(s): U.P. Government Servants Dying-in-Harness Rules, 1974, Uttar Pradesh Police Constable and Head Constable Services Rules, 2015 Rule 5
Sandhya Yadav v. State of U.P., (Allahabad) : Law Finder Doc id # 2962781
