Published: 24th July 2019
Give two year's salary to family for on-duty death, appoint competent replacement: Allahabad HC tells UP govt
The High Court bench comprising Justice Pankaj Mittal and Justice Prakash Pahadia batted for equal opportunity in government service
In a historic move, the Allahabad High Court, on Wednesday, suggested that the Uttar Pradesh government make a law for giving a special package to the dependents of deceased government servants who die during their service period instead of giving them a job on compassionate grounds.
Passing the order, the High Court bench comprising Justice Pankaj Mittal and Justice Prakash Pahadia batted for equal opportunity in government service to competent persons so as to balance it with social justice. The bench, however, dismissed the petitions of one Ankur Gautam and others in this connection.
The court suggested that in the wake of a large number of dependents of deceased government servants and paucity of jobs, the government should find a way to appoint competent persons through open competition to the vacancies resulted due to the death of government servants. On the other, it should adopt a policy to accord a special package to dependents for sustenance and ensure social justice to them.
The court also advised the government to frame a law through which the dependents should be given an amount equal to the total salary of 3-5 years of the deceased that he would have got if alive and in service. This would lead to the appointment of a competent workforce through fair competition while the dependents would get adequate financial support. However, the court upheld the law providing 5 per cent reservation to dependents in police department direct recruitment quota. The court issued directives to all government departments to frame a social justice law and send a copy to the state chief secretary.