Compassionate Appointment Cannot Be Given By Management Of Institute Where Deceased Was Employed, Must Be Placed Before DIOS: Allahabad HC
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2 months, 3 weeks ago

Compassionate Appointment Cannot Be Given By Management Of Institute Where Deceased Was Employed, Must Be Placed Before DIOS: Allahabad HC

Live Law  

The Allahabad High Court has held that an application for compassionate employment cannot be decided by the management of the institution where the deceased government employee worked. Justice J.J. Munir referred to Regulations of the Uttar Pradesh High Schools and Intermediate Colleges Act, 1971 to hold that “The Regulations aforesaid envisage a complete scheme for compassionate appointment and the power to select a candidate on compassionate ground does not at all vest with the Management of the Institution, where the deceased employee was serving.” Case Background Petitioner's father died, serving as a peon in an institute under the State of Uttar Pradesh in 2023. High Court Verdict Examining Regulations 104-107 of Chapter III of the Rules, the Court held that the power to appoint the candidate to a post under compassionate appointment did not vest with the Management of the Institute. “The entire scheme of Regulations 104-107 of Chapter III of the Regulations framed under the Act of 1921 does not at all authorize the management of the institution, where the employee, who died in harness, was working, to recommend any compassionate appointment, much less make it and afterwards seek approval of the District Inspecter of Schools, as done in the present case”, held Justice Munir. The letter of appointment issued to the petitioner is contrary to the scheme of the provisions of Regulations 104-107 of Chapter III of the Regulations framed under the Act of 1921.” The Court held that while the petitioner was deserving of compassionate appointment, he could not be granted relief in the way he had prayed for it.

Court Management Regulations Compassionate Appointment Compassionate Held Appointment Petitioner Dios Chapter Iii  court  compassionate  employed  petitioner  appointment  dios  management  regulations  institution  given  institute  deceased  placed  held  schools  hc

History of this topic

'Pious Intention' Of Compassionate Appointment Is To Give Relief To Deceased Employee's Kin, Can't Be Misused: Gujarat High Court
1 week, 3 days ago

'Pious Intention' Of Compassionate Appointment Is To Give Relief To Deceased Employee's Kin, Can't Be Misused: Gujarat High Court

Live Law  

Underscoring the "pious intention" of compassionate appointment which is to give relief to the deceased employee's kin, the Gujarat High Court stopped short of imposing costs on a litigant for suppressing material facts after noting that she only intended to secure the appointment of her son at LIC after her husband's death. Justice Nirzar Desai in his order said, "Considering …

[Compassionate Appointment] Law Prevailing On Date Of Employee's Death Applicable Irrespective Of When Application For Appointment Was Submitted: Rajasthan HC
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2 weeks ago

[Compassionate Appointment] Law Prevailing On Date Of Employee's Death Applicable Irrespective Of When Application For Appointment Was Submitted: Rajasthan HC

Live Law  

The Rajasthan High Court has granted relief of compassionate appointment, in a decade-old matter, to the petitioner, affirming that the policy governing such appointment had to be the one that was existing on the date of demise of the concerned person and not on the date of application filed for such appointment. The division bench of Justice Munnuri Laxman and …

Married Daughter Being Sole Surviving Family Member Of Deceased Govt Employee Is Entitled To Compassionate Employment: Rajasthan HC
2 weeks, 1 day ago

Married Daughter Being Sole Surviving Family Member Of Deceased Govt Employee Is Entitled To Compassionate Employment: Rajasthan HC

Live Law  

The Rajasthan High Court has dismissed a challenge against an order of the Central Administrative Tribunal that directed the State to grant compassionate appointment to the respondent, who was the married daughter of the deceased employee, whose husband was also employed and earning. Heena Sheikh v State of Rajasthan in which it was decided that married daughter of a deceased …

Compassionate Employment Claims Must Be Considered Promptly, Bureaucratic Process Of Pushing Files Is Unacceptable: Calcutta High Court
2 weeks, 3 days ago

Compassionate Employment Claims Must Be Considered Promptly, Bureaucratic Process Of Pushing Files Is Unacceptable: Calcutta High Court

Live Law  

The Calcutta High Court has held that claims of compassionate employment must be dealt with promptly and that the legal right of a litigant who belongs to a socially or economically backward section of society should not be defeated on account of procedural lapses of the litigant in view of glaring breaches by the employer. A division bench of Justices …

26 Principles Relating To Compassionate Appointment : Supreme Court Explains
1 month ago

26 Principles Relating To Compassionate Appointment : Supreme Court Explains

Live Law  

In a recent judgment, the Supreme Court summarised the principles relating to compassionate appointment. i) None can claim compassionate appointment, on the occurrence of death/medical incapacitation of the concerned employee, as if it were a vested right, and any appointment without considering the financial condition of the family of the deceased is legally impermissible. Also, it is only in rare …

Compassionate Appointment Can't Be Granted To Posts Under Urban Local Bodies In Absence Of Specific Policy: Calcutta HC
1 month, 2 weeks ago

Compassionate Appointment Can't Be Granted To Posts Under Urban Local Bodies In Absence Of Specific Policy: Calcutta HC

Live Law  

A single judge bench of the Calcutta High Court comprising of Hiranmay Bhattacharyya, J. held that the compassionate appointments cannot be granted to posts under Urban Local Bodies in the absence of a specific policy governing such appointments. The application was rejected because there was no government policy allowing appointments for family members of employees of Urban Local Bodies under …

Once A Family Member Appointed On Compassionate Basis Is Terminated, Another Member Can't Seek Appointment: Punjab & Haryana High Court
2 months, 1 week ago

Once A Family Member Appointed On Compassionate Basis Is Terminated, Another Member Can't Seek Appointment: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that once a family member has availed the benefit of compassionate appointment, the same cannot be granted to another family member after the service of that family member had been terminated. Justice Anupinder Singh Grewal and Justice Lapita Banerji said, “As the brother of the appellant had been granted compassionate appointment, it …

Merely Mentioning Person's Name In Official Documents As Nominee Is Of No Avail To Claim Compassionate Appointment: MP High Court
2 months, 2 weeks ago

Merely Mentioning Person's Name In Official Documents As Nominee Is Of No Avail To Claim Compassionate Appointment: MP High Court

Live Law  

The Indore Bench of Madhya Pradesh High court recently held that merely mentioning a person's name in departmental documents as a nominee does not automatically confer a right to claim compassionate appointment on account of death of deceased employee. A single-judge bench of Justice Subodh Abhyankar observed, “…merely mentioning of the name of any person in the official documents referring …

State To Decide Application For Compassionate Appointment If Made After 5 Years, Not Appointing Authority: Allahabad High Court
2 months, 3 weeks ago

State To Decide Application For Compassionate Appointment If Made After 5 Years, Not Appointing Authority: Allahabad High Court

Live Law  

Recently, the Allahabad High Court has held if an application for compassionate appointment is made beyond the permissible limit of 5 years, it is not up to the appointing authority to consider the matter. “A reading of the proviso to Rule 5 of the Rules of 1974, apart from the law about the relevant and material facts, on the basis …

Mere Appointment In Central Govt Services Doesn't Entitle Employment In State Services: Allahabad High Court
3 months, 3 weeks ago

Mere Appointment In Central Govt Services Doesn't Entitle Employment In State Services: Allahabad High Court

Live Law  

The Allahabad High Court has held that merely because an employee in a part of the Central Government services will not entitle him to appointment in Provincial Services. The State Government cannot be saddled with the liability to mechanically and slavishly follow the decision taken by the Central Government or the Rajya Sabha Secretariat.” Factual Background In 2017, petitioner's sister-in-law …

Compassionate Appointment, Employer Must Explore Alternative Posts, If Not Eligible For Specific Post : Patna High Court
3 months, 3 weeks ago

Compassionate Appointment, Employer Must Explore Alternative Posts, If Not Eligible For Specific Post : Patna High Court

Live Law  

A single judge bench of the Patna High Court comprising of Purnendu Singh, Justice, while deciding a writ petition held that in case of compassionate appointments, the employer must explore alternative posts, rather than rigidly adhering to eligibility criteria for specific positions. The petitioner contended that the authorities did not consider any application for her seeking a different type of …

Supreme Court Approves Dismissal Of Employees Given Compassionate Appointment On Forged Documents, Questions Railways' Lapse
7 months, 2 weeks ago

Supreme Court Approves Dismissal Of Employees Given Compassionate Appointment On Forged Documents, Questions Railways' Lapse

Live Law  

While dismissing the employees who were granted a compassionate appointment by the Railways based on forged and fabricated documents with respect to the employment of their respective fathers, the Supreme Court on Thursday expressed displeasure over the inactions of the Railways in appointing the employees based on questionable documentation, which was later found to be. While dismissing the employees who …

“Managed To Survive For 23 Long Years”: Uttarakhand High Court Dismisses Belated Plea For Compassionate Appointment Citing Significant Delay
8 months ago

“Managed To Survive For 23 Long Years”: Uttarakhand High Court Dismisses Belated Plea For Compassionate Appointment Citing Significant Delay

Live Law  

Dismissing a plea for seeking compassionate appointment the Uttarakhand High Court recently reiterated that a claim for a compassionate appointment cannot be made so long after the demise of the family member. The judgment was passed in a case where the petitioner sought a compassionate appointment following the death of his father, a work charge employee in the Public Works …

Family Of Employee Having More Than Two Children Ineligible For Compassionate Appointment: Bombay High Court Dismisses Claim Of Deceased Cop's Son
8 months, 1 week ago

Family Of Employee Having More Than Two Children Ineligible For Compassionate Appointment: Bombay High Court Dismisses Claim Of Deceased Cop's Son

Live Law  

The Bombay High Court recently dismissed the claim for compassionate appointment for the son of a deceased policeman on the ground that the employee had more than two children, making his family ineligible for the benefit of compassionate appointment. A division bench of Justice AS Chandurkar and Justice Rajesh S Patil dismissed a writ petition challenging a judgment by the …

Administrators Often Lose Objectivity When Visited With Judicial Command: Allahabad HC On Rejection Of Compassionate Appointment Claim After Filing Of Writ
9 months ago

Administrators Often Lose Objectivity When Visited With Judicial Command: Allahabad HC On Rejection Of Compassionate Appointment Claim After Filing Of Writ

Live Law  

While dealing with a case of compassionate appointment, the Allahabad High Court has observed that “Administrators must not panic or retaliate when faced with a judicial command, asking them to perform their duties. High Court Verdict The Court, on 15.09.2023, had issued a show cause notice to the District Cane Officer, Sambhal demanding explanation as to why petitioner's claim for …

Compassionate Appointment Is Not An Absolute Right, It Aims To Remedy Only The Sudden Crisis Faced By a Deceased Employee's Family: CAT, Allahabad
10 months, 1 week ago

Compassionate Appointment Is Not An Absolute Right, It Aims To Remedy Only The Sudden Crisis Faced By a Deceased Employee's Family: CAT, Allahabad

Live Law  

The Central Administrative Tribunal, Allahabad single bench of Justice Om Prakash held that compassionate appointment is not an absolute right and is given to family members of the deceased employee to overcome 'sudden' crisis. During the board proceedings held to assess the Applicant's eligibility, the Applicant scored 24 out of 100 points, which were not sufficient for his appointment on …

Compassionate Appointment Can Only Be Claimed in Accordance with the Existing Policy And Not As A Matter Of Right: Bombay HC
10 months, 1 week ago

Compassionate Appointment Can Only Be Claimed in Accordance with the Existing Policy And Not As A Matter Of Right: Bombay HC

Live Law  

A division bench of the Bombay High Court comprising of Justice Avinash G. Gharote and Justice. Asha's husband, Shri Haridas Katwale, was employed as a pump operator with M/s Wester Coalfields Ltd.. Shri Haridas Katwale has been continuously absent from duty since 10.009.2012 and consequently his services were terminated on 18.10.2014 due to absenteeism. The Petitioner argued that the termination …

Petitioner's Qualifications Should Not Be A Barrier To Compassionate Appointment: Madras HC
10 months, 1 week ago

Petitioner's Qualifications Should Not Be A Barrier To Compassionate Appointment: Madras HC

Live Law  

A single-judge bench of the Madras High Court comprising of Justice L. Victoria Gowri while deciding a writ petition in the case of B. Saravanan v. The Commissioner, Adi Dravidar Welfare Commission & Ors has held that the petitioner's qualifications should not be a barrier to compassionate appointment.Background of FactsThe father of B. Saravanan worked as a cook in the. …

After Acceptance Of Compassionate Appointment On A Particular Post A Person Is Precluded From Claiming A Higher Post: MP High Court
1 year, 2 months ago

After Acceptance Of Compassionate Appointment On A Particular Post A Person Is Precluded From Claiming A Higher Post: MP High Court

Live Law  

The Madhya Pradesh High Court has observed that once an individual accepts a compassionate appointment, he/she is precluded from seeking or claiming a higher position.Referring to the Supreme Court's Judgment in the case of Rajasthan vs. Umrao Singh, a bench of Justice Vivek Agarwal observed that once a compassionate appointment was given and accepted, the right to. The Madhya Pradesh …

Appointments Made Under Dying-In-Harness Rules Are 'Permanent' In Nature: Allahabad High Court Reiterates
1 year, 3 months ago

Appointments Made Under Dying-In-Harness Rules Are 'Permanent' In Nature: Allahabad High Court Reiterates

Live Law  

The Allahabad High Court has reiterated its earlier stand that the appointment made under the Government Servant Dying in Harness Rules, 1974 is permanent in nature. The bench comprising of Justice Kshitij Shailendra observed that the Government Servant Dying in Harness Rules, 1974 “being statutory Rules, nowhere provide that the compassionate appointment of an appointee is temporary in nature.” The …

Karnataka High Court Directs LIC To Consider Compassionate Employment Plea By Son Of Wrongfully Terminated Employee, Relaxes Age Limit
1 year, 3 months ago

Karnataka High Court Directs LIC To Consider Compassionate Employment Plea By Son Of Wrongfully Terminated Employee, Relaxes Age Limit

Live Law  

The Karnataka High Court has held that the right of legal heirs of a terminated employee to claim compassionate employment would only arise when such termination was decreed to be illegal by a court of law. In allowing a plea by the legal heirs of a former Life Insurance Corporation employee who had been illegally terminated, a single judge bench …

Sister cannot apply for compassionate appointment on death of her brother, rules Karnataka HC
1 year, 6 months ago

Sister cannot apply for compassionate appointment on death of her brother, rules Karnataka HC

Op India  

The Karnataka High Court ruled on Thursday, September 14, that a sister cannot be hired on compassionate grounds after her married brother died while working as a Junior Line Man for Bangalore Electricity Supply Company. As per the said rule, the definition of “family” includes “ in the case of the deceased male married Government Servant, his widow, son and …

Compassionate Appointment Cannot Be Granted 26 Years After Employee's Death: Allahabad High Court
1 year, 7 months ago

Compassionate Appointment Cannot Be Granted 26 Years After Employee's Death: Allahabad High Court

Live Law  

The Allahabad High Court held that compassionate appointment is granted to tide over the immediate hardships of the family due to untimely demise of the earning hand and it cannot be granted after a lapse of 26 years from the death of the employee. There is, therefore, no existing exigency to bail out the family in economic distress now, in …

Bombay High Court Carves Exception Of Compassionate Appointment For Brother Looking After Deceased's Wife And Child
2 years, 2 months ago

Bombay High Court Carves Exception Of Compassionate Appointment For Brother Looking After Deceased's Wife And Child

Live Law  

The Bombay High Court’s Nagpur bench carved out an exception to continue the compassionate appointment of a junior clerk after the demise of his married brother on the grounds that he was caring for his sister-in-law and nephew since 2013. According to the government resolutions dated December 31, 2002 and September 21, 2017 a married deceased’s widow and child are …

[Compassionate Appointment] Can't Presume A Person To Be Financially Stable Merely Because He Got Married: Allahabad HC
2 years, 4 months ago

[Compassionate Appointment] Can't Presume A Person To Be Financially Stable Merely Because He Got Married: Allahabad HC

Live Law  

The Allahabad High Court has observed that the marriage of an individual is no ground to deny him/her a compassionate appointment as entering into a marital relationship doesn't raise a presumption that a person is financially stable.With this, the bench of Justice Vikram D. Chauhan set aside an order of the DIG Police Head Quarter, U.P denying compassionate appointment to. …

Compassionate Appointment Cannot Be Treated As Reservation Of Any Kind: Punjab & Haryana High Court
2 years, 4 months ago

Compassionate Appointment Cannot Be Treated As Reservation Of Any Kind: Punjab & Haryana High Court

Live Law  

Punjab and Haryana High Court, while dealing with a writ petition against denial of compassionate appointment over 19 years delay, observed that compassionate appointment should not be treated as a "reservation" of any kind. It further added that death of the petitioner's father took place way back in 2003 and 19 years later, it cannot be the case of the …

Qualification Prevailing On The Date Of Applying For Compassionate Appointment Is To Be Considered : Supreme Court
2 years, 5 months ago

Qualification Prevailing On The Date Of Applying For Compassionate Appointment Is To Be Considered : Supreme Court

Live Law  

The Supreme Court observed that the qualification prevailing on the date of applying for compassionate appointment is to be considered and not the date on which the application for compassionate appointment is considered.In this case, the Central Administrative Tribunal directed the Delhi Jal Board to consider the candidature of an applicant for the post of Lower Division Clerk. The Supreme …

Married Daughter Not Dependant On Deceased Father Can't Claim Compassionate Appointment: Chhattisgarh High Court
2 years, 5 months ago

Married Daughter Not Dependant On Deceased Father Can't Claim Compassionate Appointment: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court recently denied compassionate employment to a deceased employee's married daughter, stating that she wo no more 'dependant' on her father's income.Justice Narendra Kumar Vyas observed that the petitioner-daughter was married before the death of her father and therefore, it cannot be said that she was dependent upon his earning.The bench heavily relied on. The Chhattisgarh High …

Compassionate Employment Can't Be Claimed Several Years After Employee's Death As Its Object Is To Help Family To Meet Sudden Crisis : Supreme Court
2 years, 5 months ago

Compassionate Employment Can't Be Claimed Several Years After Employee's Death As Its Object Is To Help Family To Meet Sudden Crisis : Supreme Court

Live Law  

The Supreme Court on India last week discussed the how compassionate appointment in public services is an exception to the general rule of appointments and how it flows out of pure humanitarian consideration. "Thus, as per the law laid down by this Court in the aforesaid decisions, compassionate appointment is an exception to the general rule of appointment in the …

Supreme Court: Appointment on compassionate ground concession not a right
2 years, 5 months ago

Supreme Court: Appointment on compassionate ground concession not a right

Live Mint  

The Supreme Court of India has said that appointment on compassionate ground is a concession not a right and the object of granting such employment is to enable the affected family to tide over a sudden crisis. The Supreme Court had set aside the judgement of a division bench of the Kerala High Court, which confirmed the verdict of a …

Compassionate Appointment Cannot Be Granted Where Bereaved Family Does Not Face "Indigent Circumstances": Rajasthan High Court
2 years, 6 months ago

Compassionate Appointment Cannot Be Granted Where Bereaved Family Does Not Face "Indigent Circumstances": Rajasthan High Court

Live Law  

The Rajasthan High Court has upheld the decision of a bank denying compassionate appointment saying that the deceased's family was not facing "indigent circumstances" warranting employment under the State's scheme of 2014. PNB had rejected the respondent's claim for compassionate appointment after his father expired while serving as a Head Cashier, on the ground that the family was not facing …

Compassionate Appointment Can't Be Claimed/Offered After A Significant Lapse Of Time And After Crisis Is Over: Allahabad High Court
2 years, 7 months ago

Compassionate Appointment Can't Be Claimed/Offered After A Significant Lapse Of Time And After Crisis Is Over: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that an appointment on compassionate grounds cannot be claimed or offered after a significant lapse of time and after the crisis is over. "The object of compassionate appointment is to tide over the immediate financial crisis suffered by the bereaved family due to the unexpected death of the employee concerned," the Court remarked.The bench …

"Suitable Employment" For Compassionate Appointment Must Be Understood With Reference To The Post Held By The Deceased Employee: Supreme Court
2 years, 7 months ago

"Suitable Employment" For Compassionate Appointment Must Be Understood With Reference To The Post Held By The Deceased Employee: Supreme Court

Live Law  

The Supreme Court observed that "suitable employment" for compassionate appointment must be understood with reference to the post held by the deceased employee. The superior qualification held by a dependent cannot determine the scope of the words "suitable employment", the bench comprising Justices KM Joseph and Hrishikesh Roy observed while interpreting Rule 5 of the Uttar Pradesh. The superior qualification …

Compassionate Appointment Offered To Dependant Of Deceased Employee Is A Concession, Not A Right: Delhi High Court
2 years, 7 months ago

Compassionate Appointment Offered To Dependant Of Deceased Employee Is A Concession, Not A Right: Delhi High Court

Live Law  

The Delhi High Court has reiterated that an appointment on compassionate ground offered to the dependant of a deceased employee is a mere concession and not a right.A single judge bench of Justice Chandra Dhari Singh observed,"The whole object behind granting compassionate employment is to enable the family to tide over the sudden crisis. A single judge bench of Justice …

Compassionate Appointment Intended To Provide "Urgent Relief" To Bereaved Family: Gujarat High Court Refuses To Grant Benefit After 5 Yrs Of Death
2 years, 8 months ago

Compassionate Appointment Intended To Provide "Urgent Relief" To Bereaved Family: Gujarat High Court Refuses To Grant Benefit After 5 Yrs Of Death

Live Law  

"Compassionate appointment is always an immediate consideration and has to be a matter of urgent relief when the family of the deceased employee would have needed it. Refusing to grant relief at such a belated stage, the Bench observed, "Policy of compassionate appointment is intended to give immediate relief to the family of the deceased upon death of the deceased. …

Compassionate Appointment Not A Bonanza, Can't Be Claimed As A Matter Of Right: Allahabad High Court
2 years, 11 months ago

Compassionate Appointment Not A Bonanza, Can't Be Claimed As A Matter Of Right: Allahabad High Court

Live Law  

Considering various aspects relating to compassionate appointments, the Allahabad High Court recently observed that there is no general or vested right to compassionate appointments and that it can't be treated as a Bonanza.This observation was made by the bench of Justice S. P. Kesarwani and Justice Jayant Banerjee while DISMISSING a special appeal filed by one Iqbal Khan challenging. Considering …

Court Can't Evaluate Suitability Or Desirability Of A Particular Qualification For Services: Allahabad High Court
2 years, 11 months ago

Court Can't Evaluate Suitability Or Desirability Of A Particular Qualification For Services: Allahabad High Court

Live Law  

The Allahabad High Court has observed that it is not the function of the Court to adjudge or evaluate the suitability or desirability of a particular qualification that may be prescribed for a particular service.The Bench of Justice Manju Rani Chauhan observed thus while hearing a writ plea filed by one Kavita Sonkar who appeared and cleared the pre and …

Compassionate Appointment Policy Cannot Discriminate Against 'Illegitimate' Children Of Deceased Employee: Supreme Court
3 years ago

Compassionate Appointment Policy Cannot Discriminate Against 'Illegitimate' Children Of Deceased Employee: Supreme Court

Live Law  

The Supreme Court observed that a compassionate appointment policy cannot discriminate against a person only on the ground of descent by classifying children of the deceased employee as legitimate and illegitimate. That is to say, a policy for compassionate appointment, which has the force of law, must not discriminate on any of the grounds mentioned in Article 16, including that …

MP High Court Upholds Decision To Consider Younger Son Of Deceased Employee For Compassionate Appointment Despite Elder Son Serving In Army
3 years ago

MP High Court Upholds Decision To Consider Younger Son Of Deceased Employee For Compassionate Appointment Despite Elder Son Serving In Army

Live Law  

The Madhya Pradesh High Court, Indore Bench recently upheld the decision of a single bench wherein the Writ Court had directed the State to consider the younger son of a deceased government employee for compassionate appointment, despite his elder son serving in the Indian Army. The Court was hearing a writ appeal preferred by the State against the order of …

Compassionate Appointment : Whether Qualification Acquired After Date Of Application Is To Be Considered? Supreme Court To Examine
3 years, 2 months ago

Compassionate Appointment : Whether Qualification Acquired After Date Of Application Is To Be Considered? Supreme Court To Examine

Live Law  

The Supreme Court recently agreed to consider whether qualification which has been obtained after the date of application is required to be considered for appointment on compassionate grounds.The bench of Justices MR Shah and BV Nagarathna issued notice in the SLP assailing Delhi High Court's order preferred by Delhi Jal Board returnable on February 2, 2022. The bench of Justices …

Compassionate Appointment Not A Matter Of Right, It Is Provided To Enable Family To Tide Over An Immediate Crisis : Supreme Court
3 years, 3 months ago

Compassionate Appointment Not A Matter Of Right, It Is Provided To Enable Family To Tide Over An Immediate Crisis : Supreme Court

Live Law  

"Undoubtedly, pension is not an act of bounty, but is towards the service which has been rendered by an employee. However, in evaluating a claim for compassionate appointment, it is open to the authorities to evaluate the financial position of the family upon the death while in service", the Supreme Court has observed. If the scheme requires that the family …

Compassionate Employments Open Only To Kith & Kin Of 'Govt Servants': Kerala High Court Cancels Appointment Of Late MLA's Son In PWD
3 years, 3 months ago

Compassionate Employments Open Only To Kith & Kin Of 'Govt Servants': Kerala High Court Cancels Appointment Of Late MLA's Son In PWD

Live Law  

The Kerala High Court recently cancelled the compassionate appointment of R. Prasanth, son of late CPI MLA K.K. In a judgment that runs over 130 pages, the Division Bench comprising Chief Justice S. Manikumar and Justice Shaji P.Chaly observed: "A supernumerary post created and appointment given to a dependent of an MLA, if permitted to continue, would give a free …

Compassionate Appointment Policy Prevalent At The Time Of Employee's Death Applies, Not Subsequent One: Supreme Court
3 years, 4 months ago

Compassionate Appointment Policy Prevalent At The Time Of Employee's Death Applies, Not Subsequent One: Supreme Court

Live Law  

The Supreme Court reiterated that the policy prevalent at the time of death of the deceased employee is required to be considered for the appointment on compassionate ground. "The claim for compassionate appointment must be decided only on the basis of relevant scheme prevalent on date of demise of the employee and subsequent scheme cannot be looked into. In writ …

Dependent Cannot Seek Compassionate Appointment On Higher Post Than Held By Deceased Employee: Supreme Court
3 years, 5 months ago

Dependent Cannot Seek Compassionate Appointment On Higher Post Than Held By Deceased Employee: Supreme Court

Live Law  

The Supreme Court observed that a dependent/applicant cannot seek compassionate appointment on the higher post than what was held by the deceased employee.The Court observed that the appointment on compassionate ground is a concession and not a right. The Supreme Court observed that a dependent/applicant cannot seek compassionate appointment on the higher post than what was held by the deceased …

Compassionate Appointment - Policy Prevailing At The Time When Employee Died/Application Was Made Is Only To Be Considered : Supreme Court
3 years, 6 months ago

Compassionate Appointment - Policy Prevailing At The Time When Employee Died/Application Was Made Is Only To Be Considered : Supreme Court

Live Law  

The Supreme Court on September 6, 2021 while upholding Bombay High Court's order of rejecting compassionate appointment, observed that it can be made only as per the Government's policy, and only in case where eligibility criteria under the Scheme has been satisfied. Case Before Bombay High Court Petitioner's father Mohammed Nasiruddin was working as an Assistant Teacher from June 1, …

Husband's Appointment On Compassionate Ground Won't Take Away His Fundamental Right Of Remarriage: Allahabad High Court
4 years, 2 months ago

Husband's Appointment On Compassionate Ground Won't Take Away His Fundamental Right Of Remarriage: Allahabad High Court

Live Law  

The Allahabad High Court last month ruled that the petitioner employed on compassionate basis on the death of his wife, won't be precluded from re-marrying. The Bench of Justice Pankaj Mithal ruled, "Merely because petitioner has been appointed on compassionate basis, he cannot be forced to sacrifice his/her fundamental right of remarriage, after the death of the earlier spouse." The …

Sympathy Alone Cannot Give Remedy: SC 'Reluctantly' Sets Aside A HC Order On Compassionate Appointment Plea [Read Judgment]
5 years, 2 months ago

Sympathy Alone Cannot Give Remedy: SC 'Reluctantly' Sets Aside A HC Order On Compassionate Appointment Plea [Read Judgment]

Live Law  

Sympathy alone cannot give remedy, remarked the Supreme Court while 'reluctantly' setting aside a High Court order which directed a bank to consider an application seeking compassionate appointment filed by the son of its deceased employee.Jagdish Raj worked as Clerk-cum-Shroff in the Indian Bank, where he continued to work till his demise. Sympathy alone cannot give remedy, remarked the Supreme …

Can't Deny Compassionate Employment To Child From Second Marriage Under Hindu Marriage Act: Bombay HC [Read Judgment]
6 years ago

Can't Deny Compassionate Employment To Child From Second Marriage Under Hindu Marriage Act: Bombay HC [Read Judgment]

Live Law  

Granting relief to a deceased railway employee's son, the Bombay High Court has held that compassionate employment cannot be denied to him just because he was born out of the employee's second marriage.A division bench of Justice AS Oka and Justice SK Shinde followed the decision of the apex court in Union of India and Anr vs. VR Tripathi and …

Appointment On Compassionate Grounds Is Not A Vested Right That Can Be Exercised At Any Time: Delhi HC [Read Judgment]
7 years ago

Appointment On Compassionate Grounds Is Not A Vested Right That Can Be Exercised At Any Time: Delhi HC [Read Judgment]

Live Law  

Appointment on compassionate grounds is not a "vested right" which can be exercised despite a long period of time having passed since the employee's death, the Delhi High Court has held.Upholding an order denying appointment on compassionate grounds to the son of a deceased Bharat Sanchar Nigam Limited employee, Justice Pratibha Rani observed, "After 13 years of the demise of …

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