A deceased government employee’s relative, who gets a job under Dying in Harness Rules, cannot be appointed to a post that is higher than the one the dead staffer was holding, the Allahabad High Court said today.
The remark was made by Justice S U Khan while dismissing a writ petition of one Amit Kumar who got a job as a peon in the judgeship of Bijnor on the death of his father who was working there in the same category.
Kumar had moved the court with the plea that his qualifications made him eligible for a Group III post and had
sought directions to the judgeship that he be promoted to a higher grade.
However, his plea was turned down by the court which observed “appointment under Dying in Harness Rules is not a
matter of right”.
It is aimed at helping a deceased employee’s family overcome a sudden financial crisis, it added.
The appointment of the petitioner to the post his father held completely wiped out any economic hardship the family might have had to suffer”.
Moreover, under no circumstances can a person appointed on compassionate grounds be given a post higher than the one his dead relative was holding at the time of death”, the court added.
—————————-PTI