Supreme Court of India · 2009-05-18
Santosh Kumar Dubey vs State Of U.P. &Ors.;
- Court
- Supreme Court of India
- Petitioner
- Santosh Kumar Dubey
- Respondent
- State Of U.P. &Ors.;
- Author
- Mukundakam Sharma
- Bench
- Mukundakam Sharma, B.S. Chauhan
Judgment text excerpt
The Supreme Court upheld the dismissal of the appellant's writ petition seeking compassionate appointment under the U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, specifically Rule 5. The Court found that the appellant's father was dismissed from service for unauthorized absence, which disqualified the appellant from claiming compassionate appointment. The Court affirmed the lower courts' decisions, stating that no case for such an appointment was made out, thus maintaining the legal principle that compassionate appointments are not available in cases of dismissal for misconduct.