# Smt. Naina Gupta v. Union of India & Ors

- **Citation:** (2025) 7 ILRA 776
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2025-07-21
- **Case number:** Writ-A No. 1019 of 2025
- **Bench:** Ajay Bhanot
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/smt-naina-gupta-v-union-of-india-ors-53635
- **Pages:** 9

## Headnote

A.S.G.I., Ajay Shankar

Issue for Consideration
(A) Effect of refusal by the mother of deceased
in executing the letter of relinquishment and
other documents over the claim of the widow of
deceased for appointment on compassionate
grounds.
(B) Employer's obligation to achieve an amicable
resolution, if the family dispute tend to frustrate
the provision of compassionate appointment.
(C)
Liability
of
person
appointed
on
compassionate ground towards other dependent
members.
Headnotes
(A)
Service
law
-
Compassionate
appointment - Petitioner, being widow of
deceased employee and dependent of
deceased, claimed - Mother of deceased
declined to issue letter of relinquishment,
which
was
made
pre-condition
for
appointment by the authority - Family
7 All. Smt. Naina Gupta Vs. Union of India & Ors.
777
dispute was amount to frustrate the
provision of compassionate appointment -
Permissibility - Obligation of employer to
achieve an amicable resolution :
Held : The sole purpose of compassionate
appointments is to enable the dependent family
members to tide over the immediate financial
crises caused by the death of the earning
member - Family disputes cannot frustrate the
claims of an eligible family member to
appointment, or deprive other dependents of
the deceased of their entitlements to avail
monetary benefits from such appointment - The
endeavour of the employer should be to achieve
an amicable resolution of such family disputes if
possible, and provide an equitable distribution of
the benefits flowing from the appointment when
necessary - The family member who is
appointed on compassionate grounds steps into
the shoes of the deceased, and is liable to
shoulder the obligations of the deceased and
discharge their responsibilities towards other
dependent members - 20% of the salary of the
petitioner shall be deducted every month and
deposited in the bank account of respondent no.
5 (mother of deceased) by the respondent bank.
[Paras 9, 11, 13, 16, and 35(IV)] (E-1)
List of Keywords
Compassionate
appointment;
Letter
of
relinquishment; Penal consequence; Welfare
measure; Model employer; Financial crisis;
Public
selection
process;
Relaxation;
Unnecessary hindrance; Abdication of statutory
rules; Family dispute; Amicable resolution;
Equitable distribution of benefits; Comparative
financial status; Equitable apportion; Obligation
of
appointee
towatds
other
dependent
members.
Case Arising From
Order dated 21.10.2024 issued by the Branch
Head, UCO Bank, making it necessary to furnish
the
letter
of
relinquishment
and
other
documents
duly
executed
by
mother
of
deceased for compassionate appointment of the
petitioner (widow of deceased).

## Text

776 INDIAN LAW REPORTS ALLAHABAD SERIES
objection. The Plaintiff-Appellant's suit is
fundamentally flawed due to the nonidentifiability of the property, the absence
of a prayer for possession, the improper
institution of the suit, and the trial court's
erroneous findings on key factual and legal
issues.

102. Accordingly, this Court finds that
the learned trial court failed to appreciate
material facts and wrongly invalidated a
sale deed without clear proof of LIC's
physical
possession
or
proper
title
demarcation. The trial court erred by
granting a declaration in favor of LIC
without proof of title, possession, or
defined property boundaries. It also erred
by presuming an unproduced document and
ignoring relevant legal bars. Although the
refusal to grant an injunction was legally
sound, the partial decree of declaration is
unsustainable.

103. In light of all the foregoing, this
Court is of the considered opinion that the
judgment and decree passed by the learned
trial court is unsustainable and is liable to
be set aside so far as it declares the sale
deed as void and suit to be maintainable.
Accordingly, First Appeal No. 45 of 2007
is allowed. The judgment and decree dated
November 21, 2006, passed by the learned
Additional District Judge, Court No. 11,
Aligarh, in Suit Nos. 1210/2004 and
1211/2004, are hereby set aside to that
extent. It is held that the sale deed dated
September 23, 2000, executed by M/s
Bharat Stores Ltd. in favor of Defendants
Nos. 6, 7, and 8, is valid and binding. The
claim by LIC to 550 square yards of land
over plot no. 33 & 34 and 1800 Sq Yards of
land over plot no 37 & 38 are dismissed as
unproven. Accordingly, First Appeals No.
70 & 71 of 2007 are dismissed. CrossObjection No. 128636 of 2007, filed by
defendants-Respondents in First Appeal
No. 70 of 2007, is likewise disposed of in
view of the findings stated above. No order
as to costs is passed, and all pending
applications, if any, are hereby disposed of.
----------
(2025) 7 ILRA 776
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 21.07.2025

BEFORE

THE HON'BLE AJAY BHANOT, J.

Writ-A No. 1019 of 2025

Smt. Naina Gupta ...Petitioner
Versus
Union of India & Ors. ...Respondents

Counsel for the Petitioner:
Sri Siddharth Khare, Sr. Adv.

Counsel for the Respondents:
A.S.G.I., Ajay Shankar

Issue for Consideration
(A) Effect of refusal by the mother of deceased
in executing the letter of relinquishment and
other documents over the claim of the widow of
deceased for appointment on compassionate
grounds.
(B) Employer's obligation to achieve an amicable
resolution, if the family dispute tend to frustrate
the provision of compassionate appointment.
(C)
Liability
of
person
appointed
on
compassionate ground towards other dependent
members.
Headnotes
(A)
Service
law
-
Compassionate
appointment - Petitioner, being widow of
deceased employee and dependent of
deceased, claimed - Mother of deceased
declined to issue letter of relinquishment,
which
was
made
pre-condition
for
appointment by the authority - Family
7 All. Smt. Naina Gupta Vs. Union of India & Ors.
777
dispute was amount to frustrate the
provision of compassionate appointment -
Permissibility - Obligation of employer to
achieve an amicable resolution :
Held : The sole purpose of compassionate
appointments is to enable the dependent family
members to tide over the immediate financial
crises caused by the death of the earning
member - Family disputes cannot frustrate the
claims of an eligible family member to
appointment, or deprive other dependents of
the deceased of their entitlements to avail
monetary benefits from such appointment - The
endeavour of the employer should be to achieve
an amicable resolution of such family disputes if
possible, and provide an equitable distribution of
the benefits flowing from the appointment when
necessary - The family member who is
appointed on compassionate grounds steps into
the shoes of the deceased, and is liable to
shoulder the obligations of the deceased and
discharge their responsibilities towards other
dependent members - 20% of the salary of the
petitioner shall be deducted every month and
deposited in the bank account of respondent no.
5 (mother of deceased) by the respondent bank.
[Paras 9, 11, 13, 16, and 35(IV)] (E-1)
List of Keywords
Compassionate
appointment;
Letter
of
relinquishment; Penal consequence; Welfare
measure; Model employer; Financial crisis;
Public
selection
process;
Relaxation;
Unnecessary hindrance; Abdication of statutory
rules; Family dispute; Amicable resolution;
Equitable distribution of benefits; Comparative
financial status; Equitable apportion; Obligation
of
appointee
towatds
other
dependent
members.
Case Arising From
Order dated 21.10.2024 issued by the Branch
Head, UCO Bank, making it necessary to furnish
the
letter
of
relinquishment
and
other
documents
duly
executed
by
mother
of
deceased for compassionate appointment of the
petitioner (widow of deceased).
(Delivered by Hon'ble Ajay Bhanot, J.)

1. The judgment is being structured in
the following conceptual framework to
facilitate the discussion:

I
Introduction
II
Facts established from the record
III
Submissions of learned counsel
for the parties
IV
Issues arising for consideration
V
Appointments on compassionate
grounds : rationale & purpose
VI
A
Disputes
and
competing claims in
the
process
of
compassionate
ground appointments
: General
B
Disputes
and
competing
claims
regarding
compassionate
appointments: Duties
of the employer
VII
Analysis of the competing claims
:

a Eligibility of
parties
for
appointment
b Financial
status
of
parties
c Comparative
long
term
commitments
and
other
support
systems
of
the parties
d Benefits
to
all
dependents
of deceased
VIII
Validity of stand of the respondent
778 INDIAN LAW REPORTS ALLAHABAD SERIES
no. 5 against the petitioner and
maintenance needs of respondent
no. 5
IX
Answers to the issues arising for
consideration
X
Conclusions & Directions

I. Introduction

2. The petitioner has assailed the order
dated 21.10.2024 issued by the Branch
Head, UCO Bank, Zonal Office, Varanasi
Zone, Varanasi, insofar as it mandates the
petitioner to furnish various documents
including letter of relinquishment duly
executed by Ms. Meena Gupta-respondent
no. 5, which are required to decide the
petitioner's
claim
for
compassionate
appointment. According to the petitioner
she is entitled to be appointed without
production of the said documents.

II. Facts established from the record

3. Kuldeep Gupta was working as a
Single Window Operator in UCO Bank,
Mahmoorganj Branch, Varanasi. He was
married to the petitioner. The couple had
one son in the wedlock. Kuldeep Gupta
died in harness on 21.01.2024. The
deceased
is
survived
by
his
wife
(petitioner) and a son. The mother of the
deceased (respondent no.5) was also
dependent on him. The petitioner has made a
claim for appointment on compassionate
grounds.

4. Evidently there is no love lost between
the two ladies. Infact there is an open discord
between them over the appointment on
compassionate grounds. The respondent no. 5
has declined to issue the letter of relinquishment
in favour of the petitioner, and has also refused to
execute other relevant documents. The said
documents are essential requirements to process
the petitioner's claim and in the absence thereof
the appointment of the petitioner has been held
up.

III. Submissions of learned counsel for
the parties:

5. Shri Siddharth Khare, learned counsel
assisted by Shri Aditendra Singh, learned counsel
for the petitioner made the

following submissions:

I. The petitioner is eligible for appointment
on compassionate grounds on account of her age
and educational qualifications. The respondent
no. 5 cannot be appointed in view of her age and
ineligibility for appointment.

II. The petitioner faces greater financial
hardship compared to the respondent no. 5.

III.
Denial
of
appointment
on
compassionate grounds to the petitioner on
account of opposition of the respondent no. 5
will also visit penal consequences on her minor
son.

IV. The petitioner affirms her obligations to
maintain respondent no. 5 and undertakes to
provide for the respondent no. 5 on terms to be
decided by this Court.

6. Shri Utkarsh Khanna, learned counsel
for the respondent no. 5 submits:

I. The respondent no. 5 is an old
lady and was dependent on her son.

II. The petitioner resides separately
and is not taking care of respondent no. 5.

III. The petitioner is not entitled for
appointment on compassionate grounds.
7 All. Smt. Naina Gupta Vs. Union of India & Ors.
779

7. Shri Mohd. Mohsin, learned
counsel holding brief of Shri Ajay Shankar,
learned counsel for the respondent Bank
states:

I. The Bank is open to process the
claim of the petitioner for grant of
appointment on compassionate grounds if
the respondent no. 5 executes the relevant
documents in favour of the petitioner and
gives her no objection.

IV. Issues arising for consideration:

8. The following issues arise for
consideration in the facts of this case:

A. Whether the claim of the petitioner
for appointment on compassionate grounds
can be declined on the footing that the
respondent no. 5 has failed to give the letter
of relinquishment and has refused to
execute other documents in her favour?

B. Whether the petitioner is entitled to
appointment on compassionate grounds? If
yes, whether the interests of respondent no.
5 are liable to be protected while granting
appointment on compassionate grounds to
the petitioner and the manner in which the
entitlements of respondent no. 5 will be
secured?

V. Appointments on compassionate
grounds : rationale and purpose

9.

Compassionate
ground
appointments are a welfare measure taken
by model employers to benefit the
dependent family members of a deceased
employee.
The
sole
purpose
of
compassionate appointments is to enable
the dependent family members to tide over
the immediate financial crises caused by
the death of the earning member. This
feature
alone
constituted
the
kin/dependents of the deceased employee
into one class, and on this sole footing the
rationale
of
compassionate
grounds
appointment
was
legitimated
by
the
Constitutional Courts. The compassionate
grounds appointments provide a sheltered
entry to an eligible dependent of the
deceased employee without facing the
rigours of a public selection process. The
nature of the compassionate appointments
is such that they contemplate various
relaxations to enable appointment of the
eligible dependent without unnecessary
hindrances.

VIA. Disputes and competing claims
in the process of compassionate ground
appointments: General

10.

Compassionate
ground
appointments are expected to be processed
smoothly and in an expeditious manner
with the support and the consensus of all
family members. However, family disputes
or rival claims can delay the process of
appointment on compassionate grounds.

11. Family disputes cannot not
frustrate the claims of an eligible family
member to appointment, or deprive other
dependents of the deceased of their
entitlements to avail monetary benefits
from such appointment.

12. The stalement in the petitioner's
appointment due to the opposition of
respondent no. 5 will defeat the beneficial
intent of compassionate appointments by
pushing all dependents of the deceased on
the
brink
of
starvation,
and
will
permanently blight the future of the
petitioner's
minor
son.
The
discord
between parties has not abated, and the
process of compassionate appointment has
780 INDIAN LAW REPORTS ALLAHABAD SERIES
ground to a halt. The contesting claims of
the parties have to be adjudicated on
merits.

VIB.
Disputes
and
competing
claims/disputes regarding compassionate
appointment : Duties of the employer

13. Even in situations of family
disputes or contested claims of dependents
the employers have to ensure that the
legislative intent of grant of appointment
on compassionate grounds is implemented.
The employer cannot sit still or adopt a
hands off approach in such matters as that
would tantamount to abdication of statutory
duties or legal obligations cast on the
employer
under
any
scheme
of
compassionate appointments holding the
field. The endeavour of the employer
should be to achieve an amicable resolution
of such family disputes if possible, and
provide an equitable distribution of the
benefits flowing from the appointment
when necessary.

14. When the consensus between the
family members in regard to grant of
appointment
is
elusive
or
amicable
resolution of such disputes is not possible,
the employer has to initiate steps to realize
the
aim
of
compassionate
ground
appointments. An
assessment
of
the
comparative
financial
status,
assets,
liabilities, long term commitments and
educational qualifications of the respective
parties is the first step in such enquiry.

15. After evaluation of the aforesaid
factors, the process will culminate in the
appointment of the most eligible dependent
of the deceased which will also give
maximum benefits to other dependents.
Simultaneously the interests of other
dependents of the deceased have to be
protected by adopting appropriate measures
to
equitably
apportion
the
resources
accruing from the said appointment and
thus make the welfare scheme properly
inclusive.

16. The family member who is
appointed on compassionate grounds steps
into the shoes of the deceased, and is liable
to shoulder the obligations of the deceased
and
discharge
their1
responsibilities
towards other dependent members. An
irrevocable undertaking sworn on affidavit
to maintain and take care of the financial
needs of other dependents2 of the deceased
by the eligible applicant is a mandatory
prerequisite
for
the
appointment
on
compassionate grounds. Violation of such
undertaking by the appointee will be on the
pain of cancellation of the appointment on
compassionate grounds.

17. In fact shared resources and
distributive
justice
to
ameliorate
the
financial
penury
of
the
deceased
employee's dependents inhere in the
concept of compassionate appointments.
Benefits flowing from a compassionate
appointment are the common assets of all
dependents and not the sole preserve of the
appointee. The said assets are liable to be
distributed equitably among all dependents
and not appropriated exclusively by the
appointee.

VII. Analysis of the competing
claims:

18. The relevant parameters which
will guide the final decision on the validity
of the rival claims and govern the
entitlements of the deceased's dependents
are discussed hereinafter.

VII (a) Eligibility of the parties for
appointment
7 All. Smt. Naina Gupta Vs. Union of India & Ors.
781

19. The petitioner is a post graduate
and satisfies the eligibility criteria for
appointment on the post of clerk on
compassionate grounds in the respondent
bank. The respondent bank has confirmed
the petitioner's eligibility to be appointed
as a clerk (written instructions to this effect
are in the record). The respondent no. 5 is
58 years of age. The age of superannuation
in the bank is 60 years. Appointment of the
respondent no. 5 will not serve any purpose
on account of her age. Moreover the
respondent
no.
5
is
ineligible
for
appointment as a clerk.

VII (b) Financial Status of the
parties

20. The financial condition of the
petitioner as disclosed in the affidavit filed
on her behalf is extracted hereunder:

"3. That the details related with
petitioner with regard to property, assets
and income of sources are mentioned
below:

(i) The petitioner received a total
amount of Rs. 4,02,324/- from the
respondent bank after her husband expired
under various heads.

(ii) The petitioner does not have
any movable or immovable property in her
name.

(iii). The petitioner has a fixed
deposit to the tune of Rs. 53,793/-

4. That it may also be noticed that
the petitioner has a two year old son which
has to be taken care of coupled with the
fact that upon appointment being granted
the petitioner will have to rent an
accommodation in which also substantial
amount would go."

21. The averments have not been
denied by the respondent no. 5 in the
supplementary counter affidavit.

22. The following averments are
made in the supplementary affidavit-II filed
in support of the writ petition in regard to
the financial status of respondent no. 5.

"5. That on the contrary the
respondent no. 5 has an earning son. She
has already received an amount of Rs.
12,28,809/- after the petitioner's husband
expired. To the best knowledge of the
petitioner, there was a fixed deposit opened
by the husband of the petitioner ranging
between 5 to 8 lacs in which the respondent
No. 5 was nominee and with regard to the
aforesaid details can only be disclosed
either by the respondent Bank or the
respondent No. 5 herself. The petitioner is
not aware of the same. Apart from the
aforesaid various property is in the name of
the respondent No. 5."

23. The aforesaid assertions made in
the supplementary affidavit-II are not
traversed in the supplementary counter
affidavit filed by the respondent no. 5 and
are hence accepted as true.

24. There are other details regarding
her financial status as disclosed in the
counter affidavit filed by the respondent no.
5 collectively amount to Rs. 33,000/-.

VII(c).
Comparative
long
term
commitments and other support systems
of the parties:

25. The petitioner is a single mother
who has a young child to care for. Her
expenses will rise as the boy grows older.
The minor child is completely dependent
on the petitioner, and his future is
inextricably linked to the fate of his mother.
As a single working lady too the
petitioner's expenditure will be higher than
respondent no. 5. The financial condition of
782 INDIAN LAW REPORTS ALLAHABAD SERIES
the petitioner is clearly penurious and her
commitments are long drawn.

26. The respondent no. 5 on the other
hand has a strong support system as she
stays with her second son who is gainfully
employed and is earning Rs. 13,250/- per
month.

27. The respondent no. 5 is residing in
the house which is recorded in the name of
her father-in-law. She has a heritable right
on the aforesaid property along with her
surviving son. Due to the estranged
relations between the parties, the petitioner
is not in a position to stay in the said house.
If at all she initiates litigation to assert her
rights over the aforesaid property, it will
take a long time to be decided. The
petitioner does not have a house of her
own.

VII (d) Benefits to dependents of
deceased
by
appointment
of
the
petitioner:

28. In view of her age and
qualifications the petitioner will have many
decades of fruitful employment on the post
of clerk in the bank. The compassionate
appointment will enable the petitioner to
meet her financial commitments, discharge
her duties towards her son and secure his
future, and also cater to the needs of
respondent no. 5. Infact by virtue of her
young age and higher qualifications the
petitioner is best placed to serve the needs
of
other
dependents
of
the
deceased(including respondent no. 5) for
the longest period of time.

29. The petitioner is the only eligible
and
most
suitable
candidate
for
appointment on compassionate grounds.

VIII. Validity of stand of the
respondent no. 5 against the petitioner
and maintenance needs of respondent no.
5:

30. The opposition of the respondent
no. 5 to the petitioner's appointment is
constant. On the contrary the petitioner is
willing to discharge her obligations towards
respondent
no.
5
after
getting
the
appointment.
Before
this
Court
an
undertaking has been given on behalf of the
petitioner that she is prepared to give 20%
of her salary to the respondent no. 5 on
monthly basis. The said undertaking sworn
on affidavit shall also be furnished by the
petitioner to the respondent Bank. It is
fairly submitted on behalf of the petitioner
that the amount may be deducted from her
salary directly by the Bank and credited to
the account of the respondent no. 5. The
stand of respondent no. 5 against the
petitioner as discussed from her affidavit
filed before this Court no longer holds any
water.

31. The respondent no. 5 cannot be
permitted to obstruct the appointment of
the
petitioner
after
the
latter
has
acknowledged her obligation to maintain
respondent no. 5 and is prepared to affirm
the same on affidavit. Most importantly the
obdurate resistance of the respondent no. 5
to the petitioner's appointment will directly
and adversely impact the future of her own
grandson. In these facts and circumstances
the impediments created by respondent no.
5 in the petitioner's appointment cannot be
countenanced in law. The appointment of
the petitioner is liable to be processed in
the absence of the said documents.

32. The amount which respondent no.
5 will be entitled from the petitioner's
salary shall be fixed in light of the above
7 All. Smt. Naina Gupta Vs. Union of India & Ors.
783
discussion
of
their
family
status,
comparative hardships and long term
commitments. After factoring these issues
the respondent no. 5 is held to be entitled to
20% of the monthly salary of the petitioner
on a regular basis.

33. The grant of compassionate
appointment to the petitioner securing the
future of the minor son of the deceased and
upholding the entitlements of respondent
no. 5 in the above manner reconciles the
divergent needs and opposing stands of the
parties and also realizes the beneficial
purpose of compassionate appointment.

IX. Answers to the issues arising for
consideration

34.

The
issues
framed
for
consideration are answered accordingly.

X. Conclusions and Directions:

35. The entitlements of the parties
determined in the preceding part of the
narrative will be effectuated in the
following sequence:

I. The respondents are directed to
process the application of the petitioner for
grant of appointment on compassionate
grounds in light of observations made in
this judgement.

II. Before the petitioner's appointment
is made she will provide a sworn
undertaking on affidavit to give 20% of her
monthly salary to the respondent no. 5 on a
regular basis as and when her salary is
disbursed.

III. In case the respondent no. 5
declines to execute relevant documents
including the letter of relinquishment in
favour of the petitioner after being given an
opportunity by the bank authorities, the
appointment of the petitioner shall be
processed without the said documents.

IV. 20% of the salary of the petitioner
shall be deducted every month and
deposited
in
the
bank
account
of
respondent no. 5-Smt. Meena Gupta by the
respondent bank.

V. The exercise shall be completed
within two months from the date of receipt
of a certified copy of this order.

36. It will be advisable for the Bank
authorities to create appropriate rules for
deciding the disputes of family members of
the
deceased
relating
to
grant
of
compassionate
grounds
appointment
consistent with this judgement.

37. The rules may provide for the
following
to
ease
the
process
of
appointments which are embroiled in
disputes
or
rival
claims
of
various
dependents of the deceased:

I. It would be imperative for respective
parties to make a frank and true disclosure
of all relevant facts like assets, liabilities
and commitments necessary for determine
their interse rights and entitlements to
compassionate
appointments
and/or
benefits flowing from it.

II. An undertaking shall be given on
affidavit affirming the obligation of the
appointee to maintain the other dependents
in the manner provided by the competent
authority.

III. To ensure smooth and unhampered
credit of amounts from the salary of the
appointee
to
the
accounts
of
other
dependents.
784 INDIAN LAW REPORTS ALLAHABAD SERIES

IV. Ensure opportunity of hearing to
rival claimants.

V. Pass reasoned orders on the
controversy.

38. The rules may also provide for
mediation between the parties.

39. With the aforesaid observations
the writ petition is disposed of.
----------
(2025) 7 ILRA 784
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 21.07.2025

BEFORE

THE HON'BLE SAURABH SHYAM
SHAMSHERY, J.

Writ-A No. 5280 of 2019
Alongwith other connected cases

Shiv Charan & Ors. ...Petitioners
Versus
State of U.P. & Anr. ...Opp. Parties

Counsel for the Petitioners:
Seemant Singh

Counsel for the Opp. Parties:
Abhishek Srivastava, C.S.C., Vineet Kumar Singh

Issue for Consideration
Permissibility
to
challenge
the
rule
of
normalization as provided in the advertisement,
after when the petitioners have participated in
recruitment process and they failed to find place
in select list.
Headnotes
(A) Service law - Recruitment - Post of
Technician Grade - 2 -Advertisement
issued with the provision of preparing the
merit list after adoption of rule of
'normalization' - Petitioner participated in
recruitment process and when their name
was
not
found
in
select
list,
they
challenged the rules of 'normalization' -
Permissibility :
Held : All petitioners were well aware that final
merit list will be prepared on basis of marks
obtained after normalization as well as it was
also specifically mentioned that normalization
method will be applied on both examinations,
i.e., first and second part - When with open
eyes petitioners have participated in recruitment
process, they cannot challenge the rules of
game after the game was over. [Paras 10 and
12] (E-1)
Case Law Cited
State of Uttar Pradesh v. Karunesh Kumar and
others, 2022 SCC OnLine SC 1706; State of U.P.
and others v. Atul Kumar Dwivedi and others,
(2022) 11 SCC 578; State of Uttar Pradesh v.
Pankaj Kumar, (2022) 1 SCC 335 - referred
to.
List of Keywords
Recruitment process; Normalization; select list;
Cut off marks; Challenge to condition of
advertisement;
Raw
marks;
Unsuccessful
candidates; Selection process.
Case Arising From
The grievance not finding place in final select
list prepared for the post of Technician Grade -
2.

(Delivered by Hon'ble Saurabh Shyam
Shamshery, J.)

1.

The
Electricity
Service
Commission,
U.P.
Power
Corporation
Limited, issued an Advertisement dated
17.02.2018
for
initiating
recruitment
process to fill up 664 vacant posts of
Technician Grade-2 Electric (Trainee) in
U.P.
Power
Transmission
Corporation
Limited
and
2115
vacant
posts
of
Technician Grade-2 Electric (Trainee) in