MP High Court Upholds Decision To Consider Younger Son Of Deceased Employee For Compassionate Appointment Despite Elder Son Serving In Army
2 years, 10 months 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 the Writ Court, whereby it had directed the State Government to consider the case of the Petitioner for grant of compassionate appointment on merit, ignoring clause 4.1 of the policy dated 29.09.2014. The State relied on on the judgment of the Division Bench of the Court in the case of Prajesh v. State of M.P., wherein Clause 4.1 of the aforesaid policy had been examined and it was held that the dependent of the deceased's family is not entitled to a compassionate appointment if one of the family members is in Government Service, even if he is not supporting the other dependent. The Court then laid out a step-by-step procedure with respect to compassionate appointment and held that the son who is already in regular employment, constitutes his own family and thus, seizes to be a member of the family of the deceased employee- As per clause 2.1. of the policy in question only wife and husband are treated dependent as the case may be on a government employee and they have first right to claim the compassionate appointment, in case wife or husband as the case may be is ineligible then he /she can nominate son or unmarried daughter.

Family Employment Court Compassionate Appointment State Compassionate Employee Son Central Government Appointment Petitioner Clause Writ Court Regular Employment Deceased Employee Younger Brother Government Service Younger Son His Own Family Elder Son  high  clause  decision  court  petitioner  employment  appointment  elder  younger  brother  state  employee  family  serving  mp  despite  compassionate  upholds  son

History of this topic

Compassionate Appointment Cannot Be Given By Management Of Institute Where Deceased Was Employed, Must Be Placed Before DIOS: Allahabad HC
Trending News
17 hours, 8 minutes 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 …

State To Decide Application For Compassionate Appointment If Made After 5 Years, Not Appointing Authority: Allahabad High Court
2 days, 12 hours 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 …

Cannot Discriminate Against Children Born Out Of Void Marriages While Providing Compassionate Employment: Calcutta High Court
1 week ago

Cannot Discriminate Against Children Born Out Of Void Marriages While Providing Compassionate Employment: Calcutta High Court

Live Law  

The Calcutta High Court has held that in cases for providing compassionate employment, it is 'reprehensible' to consider the source of inception of a child's birth and discriminate against those who may have been born from a void marriage.Justice Ananya Bandopadhyay held: "The objective to grant compassionate appointment to redress financial constraints occasioned in a family in the event of. …

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

Compassionate Appointment Is Not A Vested Right : Supreme Court
1 month, 1 week ago

Compassionate Appointment Is Not A Vested Right : Supreme Court

Live Law  

The Supreme Court has held that compassionate appointment is not a vested right which can be granted without any kind of scrutiny or undertaking a process of selection. The Supreme Court found nothing wrong with the Government's policy, saying that the purpose of compassionate appointment is to provide immediate succour to the family. The judgment authored by Justice Masih observed …

No job guarantee for deceased staffers’ kin without policy: Supreme Court
1 month, 1 week ago

No job guarantee for deceased staffers’ kin without policy: Supreme Court

Hindustan Times  

The Supreme Court on Wednesday held that compassionate employment provisions are not vested rights but a relief measure aiming to alleviate a family’s sudden financial hardship following the death of a government employee. “Compassionate appointment is therefore provided to bail out the family of the deceased employee facing extreme financial difficulty and but for the employment, the family will not …

Supreme Court Approves Dismissal Of Employees Given Compassionate Appointment On Forged Documents, Questions Railways' Lapse
4 months, 3 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
5 months, 1 week 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
5 months, 2 weeks 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
6 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
7 months, 2 weeks 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
7 months, 2 weeks 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
7 months, 2 weeks 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. …

[Compassionate Appointment] Family Pension Of Deceased Employee Need Not Be Considered Assessing Family's Income: Madras High Court
11 months ago

[Compassionate Appointment] Family Pension Of Deceased Employee Need Not Be Considered Assessing Family's Income: Madras High Court

Live Law  

The Madras High Court recently observed that as per a Government Order issued by the Labour and Employment Department, the family pension of a deceased employee need not be considered while assessing the income of the family while considering an application for compassionate appointment. The court also noted that as per the Government Order, when a person in the family …

After Acceptance Of Compassionate Appointment On A Particular Post A Person Is Precluded From Claiming A Higher Post: MP High Court
11 months, 2 weeks 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 …

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

No Compassionate Appointment To Married Daughter Residing With Husband: Karnataka High Court
1 year, 2 months ago

No Compassionate Appointment To Married Daughter Residing With Husband: Karnataka High Court

Live Law  

The Karnataka High Court has dismissed the appeal preferred by the married daughter of a deceased LIC employee seeking compassionate appointment. That is how our legislations too are structured e.g., Section 125 of the Code of Criminal Procedure, 1973, Sections 24 & 25 of the Hindu Marriage Act, 1955, Section 37 of the Divorce Act, 1869, Section 40 of the …

Married sister also eligible for compassionate employment, rules HC
1 year, 4 months ago

Married sister also eligible for compassionate employment, rules HC

Deccan Chronicle  

Hyderabad: The Telangana High Court on Wednesday ruled that a married sister of a deceased employee is also eligible for compassionate appointments, holding that denial of compassionate appointment to a sister because she was not dependent on the deceased employee would amount to gender discrimination. But, officials of Singareni Collieries refused to give a compassionate appointment to his married sister, …

Bombay High Court Carves Exception Of Compassionate Appointment For Brother Looking After Deceased's Wife And Child
1 year, 11 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 …

Adopted Child Entitled To Seek Compassionate Appointment: Karnataka High Court
2 years, 1 month ago

Adopted Child Entitled To Seek Compassionate Appointment: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that an adopted child can seek compassionate appointment following the death of his/her adoptive parent who took care of the family. A writ petition challenging this order was dismissed by a single bench of the High Court on the ground that the Karnataka Civil Service Rules, 1996 do not provide for an …

[Compassionate Appointment] Can't Presume A Person To Be Financially Stable Merely Because He Got Married: Allahabad HC
2 years, 1 month 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, 1 month 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, 2 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, 2 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 …

Married Daughter Can't Be Said To Be Dependant On Mother For Compassionate Appointment: Supreme Court
2 years, 2 months ago

Married Daughter Can't Be Said To Be Dependant On Mother For Compassionate Appointment: Supreme Court

Live Law  

The Supreme Court recently held that the married daughter cannot be said to be dependent on her deceased mother and therefore, is not eligible for compassionate appointment. Even otherwise, the Court said that the respondent won't be entitled to appointment on compassionate ground that a number of years had passed from the death of the deceased employee. The Court made …

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, 2 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, 2 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, 4 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, 4 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, 4 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, 4 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, 5 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. …

Child Lost In Custody By Deceased Govt Employee To Be Considered As 'Dependant' For Compassionate Appointment: MP High Court
2 years, 7 months ago

Child Lost In Custody By Deceased Govt Employee To Be Considered As 'Dependant' For Compassionate Appointment: MP High Court

Live Law  

The Madhya Pradesh High Court recently held that the child of the deceased government employee shall be considered as 'Dependant', despite the parent losing their custody, for the purpose of compassionate employment. Justifying the rejection of the application moved by the Petitioner, the Respondents argued that the Petitioner did not come under the definition of 'dependent family member' of the …

Compassionate Appointment Not A Bonanza, Can't Be Claimed As A Matter Of Right: Allahabad High Court
2 years, 8 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 …

Illegitimate Child Also Entitled To Compassionate Appointment: Chhattisgarh High Court
2 years, 9 months ago

Illegitimate Child Also Entitled To Compassionate Appointment: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court held that even the illegitimate son/daughter is also entitled to a compassionate appointment. The present petitioner had earlier filed a writ petition before this Court where the Court had directed The Managing Director, Chhattisgarh State Warehousing Corporation, to decide the petitioner's claim for compassionate appointment. On the question of who would be entitled to the appointment …

Compassionate Appointment Policy Cannot Discriminate Against 'Illegitimate' Children Of Deceased Employee: Supreme Court
2 years, 9 months 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 …

Wife & Children Being Employed Not A Ground To Disregard Special Consideration For Compassionate Allowance : Kerala High Court
2 years, 10 months ago

Wife & Children Being Employed Not A Ground To Disregard Special Consideration For Compassionate Allowance : Kerala High Court

Live Law  

The Kerala High Court recently ruled that a government servant who was dismissed from service may not be denied special consideration for compassionate allowance merely for the reason that his wife and children are employed. Arun found that although a government servant removed from service is not entitled to pension/ gratuity, the competent authority can sanction compassionate allowance in cases …

Compassionate Appointment : Whether Qualification Acquired After Date Of Application Is To Be Considered? Supreme Court To Examine
2 years, 11 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 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 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 …

Dependent Cannot Seek Compassionate Appointment On Higher Post Than Held By Deceased Employee: Supreme Court
3 years, 2 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: 'Divorced' Daughter Cannot Be Treated At Par With 'Widowed' Or 'Unmarried' Daughter: Supreme Court
3 years, 3 months ago

Compassionate Appointment: 'Divorced' Daughter Cannot Be Treated At Par With 'Widowed' Or 'Unmarried' Daughter: Supreme Court

Live Law  

The Supreme Court set aside a Karnataka High Court judgment that held that a divorced daughter would fall in the same class of an unmarried or widowed daughter for the purpose of Karnataka Civil Services Rules, 1996.The bench of Justices MR Shah and Aniruddha Bose reiterated that norms prevailing on the date of consideration of. In appeal, the court summarized …

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

Receipt Of Financial Benefits Due To Employee's Death Not A Bar To Seek Compassionate Appointment For Dependents : Karnataka High Court
3 years, 6 months ago

Receipt Of Financial Benefits Due To Employee's Death Not A Bar To Seek Compassionate Appointment For Dependents : Karnataka High Court

Live Law  

The Karnataka High Court has held that the policy for providing compassionate appointments does not disentitle a dependant from seeking for a compassionate appointment merely because the family is recipient of certain financial benefits, due to the death of the employee. ".the receipt of any terminal benefits cannot and should not be the yardstick to disentitle a dependent member of …

"Policy Which Deprives Married Daughters From Compassionate Appointment Violates Equality":Madhya Pradesh HC [DB] Upholds Single Bench Order
3 years, 8 months ago

"Policy Which Deprives Married Daughters From Compassionate Appointment Violates Equality":Madhya Pradesh HC [DB] Upholds Single Bench Order

Live Law  

The Gwalior Bench of the Madhya Pradesh High Court has expressed its agreement with the position taken by a Full Bench of the High Court in Indore, vis-à-vis consideration of married daughter from compassionate appointment. A Division Bench of Justices Sheel Nagu and Anand Pathak rejected State's appeal against a Single Bench order that allowed the Petitioner's challenge to rejection …

Compassionate Employment Cannot Be Granted After A Lapse Of Reasonable Period: Supreme Court
3 years, 8 months ago

Compassionate Employment Cannot Be Granted After A Lapse Of Reasonable Period: Supreme Court

Live Law  

The Supreme Court observed that compassionate employment cannot be granted after a lapse of reasonable period.Consideration of such employment is not a vested right which can be exercised at any time in the future, the bench comprising Justices L. Nageswara Rao and S. Ravindra Bhat observed.In this case, the wife of an employee who was missing since 2002 requested the …

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

Excluding Married Daughter From Seeking Benefit Of Compassionate Appointment Is Unconstitutional: Karnataka High Court
4 years ago

Excluding Married Daughter From Seeking Benefit Of Compassionate Appointment Is Unconstitutional: Karnataka High Court

Live Law  

The Karnataka High Court held that excluding a married daughter from consideration for appointment on compassionate ground is unconstitutional.If the marital status of a son does not make any difference in law to his entitlement for seeking appointment on compassionate grounds, the marital status of a daughter should make no difference, as the married daughter does not cease to be …

'State Cannot Act In A Misogynistic Way': Himachal Pradesh High Court Reads Down Policy Excluding Married Daughters From Compassionate Appointment
4 years, 1 month ago

'State Cannot Act In A Misogynistic Way': Himachal Pradesh High Court Reads Down Policy Excluding Married Daughters From Compassionate Appointment

Live Law  

"The State cannot act in a misogynistic way," the Himachal Pradesh High Court remarked on Wednesday while allowing a married daughter's plea seeking compassionate appointment in her deceased father's place. Stating that such policy of the Government is against the spirit of Article 15 of the Constitution of India, the Bench held, "The object of compassionate employment is not only …

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