High Court Cannot Rewrite Terms Of State's Compassionate Appointment Policy: SC [Read Judgment]
6 years, 1 month ago

High Court Cannot Rewrite Terms Of State's Compassionate Appointment Policy: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a High Court, in the exercise of judicial review under Article 226 of the Constitution, cannot re-write the terms of the compassionate appointment policy formulated by the state. The bench comprising Justice Dhananjaya Y Chandrachud and Justice Hemant Gupta was considering state's appeal against the Himachal Pradesh High Court judgment which held the State should consider cases for appointment on compassionate basis by dealing with the applications submitted by sons, or as the case may be, daughters of deceased government employees, even though, one member of the family is engaged in the service of the government or an autonomous board or corporation. The bench, allowing the appeal filed by the state, said: "This direction of the judgment of the High Court virtually amounts to a mandamus to the State Government to disregard the terms which have been stipulated in paragraph 5 of its policy dated 18 January 1990. The same bench had also set aside another judgment of the Himachal Pradesh High Court in which directed the state to desist from taking into account the family pension and other terminal benefits.

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History of this topic

[Article 229] State Can't Object To CJ's Recommendations On HC Staff Service Conditions Unless "Very Good Reasons" Exist: HP High Court Censures Govt
2 years, 2 months ago

[Article 229] State Can't Object To CJ's Recommendations On HC Staff Service Conditions Unless "Very Good Reasons" Exist: HP High Court Censures Govt

Live Law  

The Himachal Pradesh High Court recently held that the power of Chief Justice under Article 229 is paramount in nature and once the Chief Justice takes a progressive step to ameliorate the service conditions of the Officers and staff working under him, the State Government cannot raise objections unless there were very good reasons. The observations were made by a …

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 …

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. …

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 …

High Court Cannot Issue Direction To State To Form A New Policy: Supreme Court Reiterates
3 years, 2 months ago

High Court Cannot Issue Direction To State To Form A New Policy: Supreme Court Reiterates

Live Law  

The Supreme Court recently reiterated that the High Court cannot issue direction to the State to form a new policy.The bench of Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar was considering SLP assailing Punjab and Haryana High Court's order dated March 27, 2017 of rejecting the contempt petition filed by the petitioners for non compliance of the direction given …

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

Direction To Give Compassionate Appointment Several Years After Employee’s Death Unjustified: SC [Read Judgment]
8 years, 2 months ago

Direction To Give Compassionate Appointment Several Years After Employee’s Death Unjustified: SC [Read Judgment]

Live Law  

In a two page order, the Supreme Court has set aside a high court and Central Administrative Tribunal order, observing that a direction to give compassionate appointment several years after death was not justified.A widow applied for compassionate appointment on the death of her husband, which was rejected on the ground of non-availability of vacancy. In a two page order, …

Direction To Give Compassionate Appointment Several Years After Employee’s Death Unjustified: SC [Read Judgment]
8 years, 2 months ago

Direction To Give Compassionate Appointment Several Years After Employee’s Death Unjustified: SC [Read Judgment]

Live Law  

In a two page order, the Supreme Court has set aside a high court and Central Administrative Tribunal order, observing that a direction to give compassionate appointment several years after death was not justified.A widow applied for compassionate appointment on the death of her husband, which was rejected on the ground of non-availability of vacancy. In a two page order, …

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