HIRA MAN versus STATE OF U.P. AND ORS.

Citation: [1997] SUPP. 3 S.C.R. 396 · Decided: 08-08-1997 · Supreme Court of India · Bench: S.C. AGRAWAL · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
HIRAMAN 
v. 
STATE OF U.P. AND ORS. 
AUGUST 8, 1997 
B 
(S.C. AGRAWAL AND G.T. NANAVATI, JJ.] 
·service Law: 
Uttar Pradesh Recrnitment of Dependents of Government Servants 
C Dying in Harness Rules 1974 : Rules, 4, 5 and 8---Compassionate appoint-
ment-Relaxation of normal recruitment mies-Overriding effect-Extent 
of-Held, overriding effect only in respect of age and procedural require-
ment-Eligibility conditions are to be satisfied-Open to appointing authority 
to interview candidate-No intention of rule making authority to give overrid-
ing effect over statutory provisions-Constitution of India, 1950 : Article 309. 
D 
Respondent No. 4 whose father died while in service, made request 
for appointment on compassionate ground. The appellant who was work• 
ing on a class IV post, was promoted as a Clerk and respondent No. 4 was 
appointed as a peon. Respondent No. 4 challenged before the High Court 
E the order of promotion of the appellant and claimed that he should have 
been appointed to class IIJ post. The Single Judge of the High Court 
quashed the promotion order of the appellant and directed the Manage-
ment to appoint respondent no. 4 in the post of clerk. Appeal before the 
Division Bench was dismissed. Hence the present appeal. 
F 
The contention of the appellant was that the post of Clerk, which had 
G 
fallen vacant was of promotional quota which was not available for an 
outsider and therefore, the High Court committed a grave error in quash-
ing the promotion of the appellant. 
The contention of the respondent was that the Dying in Harness 
Rules 1974 override all other provisions regarding recruitment on posts 
which do not fall within the purview of the U.P. Public Service Commission 
and therefore even if the post of Clerk belonged to the promotional quota, 
appointment of respondent no. 4 on that post was legal. 
H 
Allowing the appeal, this Court 
396 
HIRA MAN v. STATE 
397 
HELD : 1. The High Court erred in quashing the promotion order A 
of the appellant. Rules 4, 5, and 8 of the Uttar Pradesh Recruitment of 
Dependents of Government SerVants Dying in Harness Rules 1974, read 
together make it clear that overriding effect given to rules is with respect 
to the age and the procedure for selection. The rule making authority has 
taken care to emphasise, even while making such relaxation that employ· B 
ment is to be given only if other eligibility conditions are satisfied by 
providing that such dependent member must fulfill the educational 
qualifications prescribed for the post and must also otherwise be qualified 
for Government service. Regarding procedural requirements for selection 
it is provided that it shall be open to the appointing authority to interview 
the candidate in order to satisfy itself that the candidate will be able to C 
maintain the minimum standard of work and efficiency expected on the 
post. Thus it cannot be said that respondent no. 4 should have been 
appointed in the vacant post of clerk instead of the appellant. 
[ 400-A; 402-F -H; .403-A] 
2. Rule 5 of the Uttar Pradesh Recruitment of Dependent of Govern· D 
ment Servants Dying in Harness Rules, 1974 imposes an obligation on the 
State Government to give suitable employment to the dependent of the 
deceased Government servant. It contemplates giving of a suitable employ· 
ment to dependent in relaxation of the normal procedure prescribed by the 
relevant recruitment rules. The rule making authority specifically made a E 
provision as to what is to be relaxed and to what extent it is to be relaxed. 
If the intention of the Rule making authority was to give the Dying in 
Harness Rules an overriding effect over all other recruitment rules or 
regulations in all respect, then it would have been unnecessary for it to 
provide for relaxation of the normal recruitment rules in rule 5 and F 
relaxation of age and the procedural requirements for selection in rule 8. 
[401-F; 402-B-E] 
3. Dying in Harness Rules are made under Article 309 of the Con· 
stitution. Article 309 empowers the appropriate Legislatures to·regulate G 
the recruitment and conditions of service of persons appointed to public 
services and posts in connection with the affairs of the Union or the State. 
The proviso to that Article empowers the President in the case of the 
services and posts in connection with the affairs of the Union and the 
Governor of a State in the case of services and posts in connection with 
the affairs of the State to make r

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