Court rules against retrospective cancellation of compassionate appointment after due diligence by the employer, mandates reinstatement with back wages.
In a significant ruling, the Allahabad High Court has quashed the termination of Abhay Kumar Srivastava, reinstating him to his position as a Senior Clerk with full back wages and service benefits. The Court found that the cancellation of his compassionate appointment by the District Basic Education Officer, Azamgarh, was unlawful, as it was based on allegations of concealment of facts that were unfounded.
Justice Prakash Padia presided over the case involving Abhay Kumar Srivastava, who was appointed in 2013 under the U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974. The appointment came after his mother, a government teacher, passed away. His employment was challenged based on a complaint alleging misrepresentation, as his father was a government employee at the time of his mother's death. However, Srivastava maintained that all facts were disclosed, and his application was processed with due diligence by the authorities.
The Court emphasized that the employer had the responsibility to verify all material facts before granting the appointment. Since the appointment was made after thorough scrutiny and the petitioner had not suppressed any facts or committed fraud, the termination was deemed inappropriate. The judgment relied heavily on precedents set by the Supreme Court and co-ordinate Benches of the Allahabad High Court, which have consistently ruled against retrospective cancellations in similar circumstances.
Referring to multiple cases, including Md. Zamil Ahmed v. State of Bihar and Shiv Kumar v. State of U.P., the Court reiterated that lapses on the part of the employer cannot be used to prejudice the appointee. The judgment highlighted that Srivastava, who was a minor at the time of his mother's demise, had become eligible for compassionate appointment upon reaching adulthood, and his father's employment was no secret to the authorities.
The Court's order mandates the District Basic Education Officer, Azamgarh, to reinstate Srivastava and ensure the payment of his salary and back wages within two months. This ruling underscores the judiciary's stance on protecting employees from the ramifications of administrative oversights, ensuring that due process is followed in all employment-related decisions.
Bottom line:-
Compassionate appointment cannot be canceled after several years if the appointee neither suppressed facts nor committed fraud, and due diligence was carried out by the employer at the time of appointment.
Statutory provision(s):
U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974
Abhay Kumar Srivastava v. State of U.P., (Allahabad) : Law Finder Doc id # 2939599
