Compassionate Appointment Cannot Be Allowed If The Period Of Crisis Is Over For The Family Of Deceased Employee: Rajasthan HC [Read Judgment]
8 years, 2 months ago

Compassionate Appointment Cannot Be Allowed If The Period Of Crisis Is Over For The Family Of Deceased Employee: Rajasthan HC [Read Judgment]

Live Law  

The High Court of Rajasthan in Uco Bank & Ors. v. Devi Kishan Harijan held that appointment on compassionate grounds cannot be allowed if the period of crisis is over for the family of the deceased employee.“In view of the various pronouncements cited above, it is apparently clear that the philosophy behind giving compassionate appointment is just to help the family in harness to get. v. Devi Kishan Harijan held that appointment on compassionate grounds cannot be allowed if the period of crisis is over for the family of the deceased employee. “In view of the various pronouncements cited above, it is apparently clear that the philosophy behind giving compassionate appointment is just to help the family in harness to get over the immediate crisis by the loss of sole breadwinner. More so, the financial status of the family is also to be looked into as per the scheme framed by the employer while giving compassionate appointment and such appointment cannot be conferred contrary to the para-meters of the scheme,” the Bench comprising Justice Sangeet Lodha and Justice Deepak Maheshwari observed.

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History of this topic

Legal Heirs Can't Seek Compassionate Appointment When Major Penalty Imposed On Deceased Employee Remains On Record: Allahabad HC
5 days, 18 hours ago

Legal Heirs Can't Seek Compassionate Appointment When Major Penalty Imposed On Deceased Employee Remains On Record: Allahabad HC

Live Law  

The Allahabad High Court has held that legal heirs of a deceased employee are disqualified from seeking compassionate appointment when major penalty imposed remains in record at the time death and not where the major penalty though imposed, had adverse impact only for few years. Justice Ajay Bhanot in his order observed that in 2017 a modification was made to …

'Pious Intention' Of Compassionate Appointment Is To Give Relief To Deceased Employee's Kin, Can't Be Misused: Gujarat High Court
2 weeks, 2 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
Trending News
2 weeks, 5 days 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, 6 days 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 …

26 Principles Relating To Compassionate Appointment : Supreme Court Explains
1 month, 1 week 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 : Supreme Court Flags Conflicting Judgments On Whether Scheme Prevalent On Date Of Death Or Date Of Consideration Applies
1 month, 1 week ago

Compassionate Appointment : Supreme Court Flags Conflicting Judgments On Whether Scheme Prevalent On Date Of Death Or Date Of Consideration Applies

Live Law  

The Supreme Court, while deciding a civil appeal concerning compassionate appointment, observed that the issue of whether an applicable scheme should be the one in effect during the time of death or when the application for such appointment was considered, continues to be in a grey area. Thus, the question framed by this Court with respect to whether the application …

Compassionate Appointment To Be Granted Only In “Hand-to-Mouth” Cases, Not Due To Mere Fall In Life Standard : Supreme Court
1 month, 2 weeks ago

Compassionate Appointment To Be Granted Only In “Hand-to-Mouth” Cases, Not Due To Mere Fall In Life Standard : Supreme Court

Live Law  

The Supreme Court, while determining a case related to compassionate appointment, observed that such appointment should be granted only in “hand-to-mouth” cases, provided that all the other conditions are fulfilled. Building on this, the Court concluded that the present case is not the one where the respondent's father's death caused such severe hardship that could only have been remedied through …

Once A Family Member Appointed On Compassionate Basis Is Terminated, Another Member Can't Seek Appointment: Punjab & Haryana High Court
2 months, 2 weeks 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, 3 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 …

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

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

No job guarantee for deceased staffers’ kin without policy: Supreme Court
4 months, 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 …

Compassionate appointment not vested right: SC
4 months, 1 week ago

Compassionate appointment not vested right: SC

Deccan Chronicle  

New Delhi: Compassionate appointment is not a vested right for getting a government job as it is not a condition of service of an employee who dies in harness, the Supreme Court held on Wednesday while declining the plea of a man whose police constable father died on duty in 1997, when the petitioner was seven years of age. Writing …

Supreme Court Approves Dismissal Of Employees Given Compassionate Appointment On Forged Documents, Questions Railways' Lapse
7 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
8 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
8 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 Is Not An Absolute Right, It Aims To Remedy Only The Sudden Crisis Faced By a Deceased Employee's Family: CAT, Allahabad
10 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
10 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 …

Compassionate Appointment | Looking Into Daughter's Marital Status To Determine Her Dependency On Deceased By Itself Not Discrimination: Karnataka HC
1 year, 1 month ago

Compassionate Appointment | Looking Into Daughter's Marital Status To Determine Her Dependency On Deceased By Itself Not Discrimination: Karnataka HC

Live Law  

The Karnataka High Court has held that merely because the appointing authority looked into a daughter's marital status to determine her dependency on deceased employee will not by itself amount to gender discrimination. A single judge bench of Justice Sachin Shankar Magadum clarified that the object of compassionate appointment is firmly rooted in addressing the immediate financial crisis faced by …

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 …

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 …

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 …

Appointment on compassionate ground concession not a right, says SC
2 years, 5 months ago

Appointment on compassionate ground concession not a right, says SC

Firstpost  

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 has said. The apex court last week set aside the judgement of a division bench of the Kerala High Court, which confirmed the verdict of a single judge …

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, 7 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 …

Compassionate Appointment Offered To Dependant Of Deceased Employee Is A Concession, Not A Right: Delhi High Court
2 years, 8 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 …

Compassionate Appointment Policy Cannot Discriminate Against 'Illegitimate' Children Of Deceased Employee: Supreme Court
3 years, 1 month 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, 1 month 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 …

Applicability Of An Amended Rule For Compassionate Appointment Shall Be Based On Date Of Death Rather Than Date Of Consideration Of Claim: Supreme Court
3 years, 3 months ago

Applicability Of An Amended Rule For Compassionate Appointment Shall Be Based On Date Of Death Rather Than Date Of Consideration Of Claim: Supreme Court

Live Law  

The Supreme Court has held that the applicability of a modified scheme with respect to an appointment on compassionate grounds would be based on a fixed criteria, like the date of death, rather than an indeterminate factor, like the date of consideration of the claim. Analysis of the Supreme Court Distinguished Akkamahadevamma's judgement The Division Bench of the Karnataka High …

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 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, …

Receipt Of Financial Benefits Due To Employee's Death Not A Bar To Seek Compassionate Appointment For Dependents : Karnataka High Court
3 years, 9 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 …

Compassionate Employment Cannot Be Granted After A Lapse Of Reasonable Period: Supreme Court
3 years, 11 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 …

No Inherent Right To Compassionate Appointment, Reiterates SC [Read Judgment]
4 years, 5 months ago

No Inherent Right To Compassionate Appointment, Reiterates SC [Read Judgment]

Live Law  

There cannot be any inherent right to compassionate appointment, the Supreme Court has reiterated in a judgment delivered on Tuesday.A Three Judge bench headed by Justice Sanjay Kishan Kaul observed that the compassionate appointments has to be in terms of the applicable policy as existing on the date of demise, unless a subsequent policy is made applicable retrospectively.The court allowed. …

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 …

Rajasthan HC Rejects Plea Challenging Exclusion Of 'Married Daughters' From Availing Benefit Of Compassionate Appointment Scheme [Read Order]
5 years, 6 months ago

Rajasthan HC Rejects Plea Challenging Exclusion Of 'Married Daughters' From Availing Benefit Of Compassionate Appointment Scheme [Read Order]

Live Law  

The Rajasthan High Court rejected a challenge against exclusion of married daughters from availing the benefit of compassionate appointment under Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules,1996.One Kshama Devi, had challenged the validity of Rule 2 contending that the same to the extent it excludes from its purview married daughters,. The Rajasthan High Court rejected a challenge …

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 …

BSF Jawan’s Widow Entitled To Appointment On Compassionate Grounds Despite Delay: Kerala HC [Read Judgment]
7 years, 10 months ago

BSF Jawan’s Widow Entitled To Appointment On Compassionate Grounds Despite Delay: Kerala HC [Read Judgment]

Live Law  

The High Court of Kerala recently held a BSF Jawan’s widow to be entitled to appointment on compassionate grounds, despite the delay in making proper applications.Justice Dama Seshadri Naidu noted that in matters of appointments on compassionate grounds, the Courts can presume that the dependents do not require out-of-turn assistance from the employer once they have survived without. The High …

BSF Jawan’s Widow Entitled To Appointment On Compassionate Grounds Despite Delay: Kerala HC [Read Judgment]
7 years, 10 months ago

BSF Jawan’s Widow Entitled To Appointment On Compassionate Grounds Despite Delay: Kerala HC [Read Judgment]

Live Law  

The High Court of Kerala recently held a BSF Jawan’s widow to be entitled to appointment on compassionate grounds, despite the delay in making proper applications.Justice Dama Seshadri Naidu noted that in matters of appointments on compassionate grounds, the Courts can presume that the dependents do not require out-of-turn assistance from the employer once they have survived without. The High …

Marriage Not A Ground To Deny Compassionate Appointment To Employee’s Daughter: Madras HC [Read Judgment]
7 years, 11 months ago

Marriage Not A Ground To Deny Compassionate Appointment To Employee’s Daughter: Madras HC [Read Judgment]

Live Law  

The Madurai bench of Madras High Court, in Joint Registrar/ Managing Director, Virudhunagar District Central Co-operative Bank Ltd vs P Asothai, has held that denying employment to the daughter of the deceased on the ground of marriage is violation of Articles 14, 15 and 16 of the Constitution.A bench comprising Justice R Subbian and Justice J Nisha Banu was considering …

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