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 deserving special consideration. Thereupon, the petitioner submitted another representation requesting to grant him compassionate allowance under Rule 41 of the CCS Pension Rules, r/wh Government of India instructions on the subject. The Court after perusing Rule 41 of the CCS Pension Rules observed that even though a Government servant dismissed or removed from service is not entitled to pension and gratuity, the competent authority can, in cases deserving special consideration, sanction compassionate allowance.

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History of this topic

Cannot Discriminate Against Children Born Out Of Void Marriages While Providing Compassionate Employment: Calcutta High Court
1 week, 1 day 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. …

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 …

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 …

Denying Compassionate Appointment To Dependant 'Married Daughters' Violative Of Articles 14, 15 & 16(2) Of Constitution: Orissa High Court
9 months, 2 weeks ago

Denying Compassionate Appointment To Dependant 'Married Daughters' Violative Of Articles 14, 15 & 16(2) Of Constitution: Orissa High Court

Live Law  

The Orissa High Court has reiterated that married daughters cannot be denied of benefits under the Rehabilitation Assistance Scheme for appointment on compassionate grounds, after death of their fathers while in service. While granting relief to a lady, who was denied compassionate appointment on the ground of her marriage pursuant to the application, the Single Bench of Dr. Justice Sanjeeb …

Hard To Imagine Dependency On Father Restored On Husband Losing Job: Kerala HC Declines Married Daughter's Plea For Employment Assistance
10 months, 3 weeks ago

Hard To Imagine Dependency On Father Restored On Husband Losing Job: Kerala HC Declines Married Daughter's Plea For Employment Assistance

Live Law  

The Kerala High Court recently dismissed a petition arguing for employment assistance by a married daughter on account of her husband losing his job. While dismissing the petition, Justice Devan Ramachandran stated that “dependency is a de facto situation, rather than be a de jure doctrine. As such, the appellant had no dependency on her father, since her husband was …

[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 …

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, …

Unemployment No Excuse For Able-Bodied Man, Must Find Avocation To Maintain Wife & Children: Karnataka High Court
1 year, 10 months ago

Unemployment No Excuse For Able-Bodied Man, Must Find Avocation To Maintain Wife & Children: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that an able bodied man has to take care of his wife and child even, by finding an avocation, if he has none. A single judge bench of Justice M Nagaprasanna made this observation while rejecting a petition filed by a husband questioning the order of the family court granting his estranged …

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 …

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 …

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 …

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 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 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 …

Compassionate Appointment Policy Cannot Discriminate Against 'Illegitimate' Children Of Deceased Employee: Supreme Court
2 years, 10 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 …

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 …

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 …

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, …

Does Compassionate Allowance Have All Attributes Of Pension? Kerala High Court Answers
3 years, 6 months ago

Does Compassionate Allowance Have All Attributes Of Pension? Kerala High Court Answers

Live Law  

The High Court of Kerala while dismissing an appeal filed by a former CISF employee, held that compassionate allowance does not have all the characteristics of pension covered by Rules 35 to 40 of the Pension Rules, and observed that the authorities have absolute discretion in deciding the date from which payment of compassionate allowance has to be paid. V. …

Allahabad High Court Reiterates That Married Daughters Are Eligible For Compassionate Appointment; No Amendment In Statute Book Required
3 years, 11 months ago

Allahabad High Court Reiterates That Married Daughters Are Eligible For Compassionate Appointment; No Amendment In Statute Book Required

Live Law  

The Allahabad High Court has made it clear that marital status of a daughter alone cannot be the ground for rejecting her application for compassionate appointment in terms of the UP Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974. Vimla Srivastava, striking down the word 'unmarried' in Rule 2 of the Rules, entitles a married daughter to …

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 …

'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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