Now Reading: Allahabad HC: Right to Regularization Survives Employee Death
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Allahabad HC: Right to Regularization Survives Employee Death
The Allahabad High Court has ruled that an employee's right to be considered for regularization does not extinguish upon death, but survives through legal heirs. The court directed notional regularization for a…
The Story in Brief
The Allahabad High Court has ruled that an employee's right to be considered for regularization does not extinguish upon death, but survives through legal heirs. The court directed notional regularization for a deceased workman, so that his family receives consequential benefits like monetary dues. Cost of Rs 50,000 was imposed on the department for repeated defiance of court orders.
The petitioner's father, a Junior Assistant, died in August 2012 just before a selection committee meeting. Though the department regularized others, it refused his claim, arguing he died before the process concluded. The court held this reasoning was 'contemptuous' and reiterated that the state, as a model employer, must act with fairness and compassion.
The Indian Opinion
The narrative that government departments can hide behind technicalities to deny rightful benefits to deceased employees' families is rightly dismantled by the Allahabad High Court. At the same time, one must note the shocking defiance of court orders by the same authority, meriting contempt proceedings. The real test will be whether the department now complies without further appeal, or forces the family into another round of litigation.
Source: livelaw.in
This story was synthesised by AI from the source linked above.
