State of U.P. v. Manish Dwivedi - Compassionate Appointment
Compassionate Appointment - The right to claim compassionate appointment cannot be postponed at the whims and fancies of an applicant. [Context: In this case, the applicant attained majority in 2006 but applied for compassionate appointment only in 2010, i.e. fifteen years after his father’s death, despite being eligible earlier]
Constitution of India - Article 226 - Compassionate Appointment - If the competent authority feels that the family was not in distress or penury or without any means of livelihood they have survived as a factor to deny appointment and, the High Court cannot go into the question of financial condition and interfere with the order of rejection- The appointment on compassionate ground is not a source of employment - While considering an application for compassionate appointment, necessarily the penury or the financial distress in which the family has been placed would be taken into consideration as a paramount factor. If the family has survived in spite of a death of an employee, compassionate appointment cannot be claimed. An applicant will also not have a right to claim particular appointment. (Para 4-5)
Constitution of India - Article 309 - Compassionate Appointment is a departure from general rules of appointment envisaged under Article 309. (Para 5)
Case Info
Case Information Extract
Case name: State of U.P. & Ors. v. Manish Dwivedi
Neutral citation: Not mentioned in the order (only “Civil Appeal No. of 2026 @ SLP (C) No. 32890/2025” is given).
Coram:Hon’ble Mr. Justice Aravind KumarHon’ble Mr. Justice Prasanna B. Varale
Judgment date: 13 January 2026 (NEW DELHI; JANUARY 13, 2026)
Caselaws and Citations Referred
- State of J & K and Ors. v. Sajad Ahmed Mir, (2006) 5 SCC 766
- State Bank of India and Anr. v. Somvir Singh, (2007) 4 SCC 778
- Full Bench judgment in Shiv Kumar Dubey v. State of U.P. and Ors. (Full Bench of Allahabad High Court – citation not specified in the text)
Statutes / Laws Referred
The order refers generally to:
- Article 309 of the Constitution of India (regarding rules of recruitment and conditions of service).
- Government circular/rules on compassionate appointment, including an outer limit of five years from date of death (and its extension in cases where the dependent attains majority).No specific statutory section apart from Article 309 is named, but the governing scheme is the U.P. compassionate appointment policy.