Merely Mentioning Person's Name In Official Documents As Nominee Is Of No Avail To Claim Compassionate Appointment: MP High Court
1 week, 4 days ago

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

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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 the same to be the nominee of the employee is of no avail to such person to claim compassionate appointment on account of death of deceased employee in the face of a rival claim by the other family members of the deceased employee, as the compassionate appointment is provided under a policy formulated by the State Government and such policy would never promote the polygamy.” In the present case, the petitioner is the son of a deceased Class-III employee, a Hand Pump Technician in the Public Health & Engineering Department, Rajgarh who died in harness during the Covid-19 pandemic period. After considering the above submissions, the court observed, “Even if Hiralal belonged to Scheduled Tribe in which, they also have tradition of Natra also, in which, a woman resides with a man under contract, but, undoubtedly the petitioner was born out of a relationship between Hiralal Kochak and his first wife Shantibai, and thus, the petitioner was the legitimate son of Hiralal Kochak.” The court placed reliance on Khursheed Ahmad Khan vs. State of Uttar Pradesh and others wherein Supreme Court had clearly deprecated the practice of polygamy holding that it is not an integral part of religion, and also that it is necessary for a person to take permission to solemnize second marriage if their custom permits the same. The court further said, “…there is nothing on record to suggest that Hiralal Kochak divorced his first wife Shantibai before contracting second marriage, or that he had informed the Government about contracting the second marriage, if his customs permit the same.” Thus, the court remarked that merely mentioning the name of any person in the official documents as the nominee of the employee is of no avail to such person to claim compassionate appointment on account of death of deceased employee. “…petitioner has made out a case for compassionate appointment being the son of Hiralal Kochak, born out of his first wife and the fact that Hiralal though mentioned the name of his second wife Ushabai and his son in all his service record, but did not inform his department regarding the factum of his second marriage with Ushabai which was a condition necessary as has been held by the Supreme Court in the case of Khursheed Ahmad Khan.”, the Court said.

History of this topic

Compassionate Appointment Cannot Be Given By Management Of Institute Where Deceased Was Employed, Must Be Placed Before DIOS: Allahabad HC
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2 weeks, 2 days ago
Compassionate Appointment, Employer Must Explore Alternative Posts, If Not Eligible For Specific Post : Patna High Court
1 month, 2 weeks ago
Supreme Court Approves Dismissal Of Employees Given Compassionate Appointment On Forged Documents, Questions Railways' Lapse
5 months ago
“Managed To Survive For 23 Long Years”: Uttarakhand High Court Dismisses Belated Plea For Compassionate Appointment Citing Significant Delay
5 months, 3 weeks ago
Family Of Employee Having More Than Two Children Ineligible For Compassionate Appointment: Bombay High Court Dismisses Claim Of Deceased Cop's Son
6 months 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
7 months, 4 weeks ago
Compassionate Appointment Can Only Be Claimed in Accordance with the Existing Policy And Not As A Matter Of Right: Bombay HC
7 months, 4 weeks ago
Petitioner's Qualifications Should Not Be A Barrier To Compassionate Appointment: Madras HC
7 months, 4 weeks ago
Compassionate Appointment | Looking Into Daughter's Marital Status To Determine Her Dependency On Deceased By Itself Not Discrimination: Karnataka HC
10 months, 2 weeks ago
[Compassionate Appointment] Family Pension Of Deceased Employee Need Not Be Considered Assessing Family's Income: Madras 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
1 year ago
Karnataka High Court Directs LIC To Consider Compassionate Employment Plea By Son Of Wrongfully Terminated Employee, Relaxes Age Limit
1 year, 1 month ago
No Compassionate Appointment To Married Daughter Residing With Husband: Karnataka High Court
1 year, 3 months ago
Married sister also eligible for compassionate employment, rules HC
1 year, 4 months ago
Bombay High Court Carves Exception Of Compassionate Appointment For Brother Looking After Deceased's Wife And Child
2 years ago
[Compassionate Appointment] Can't Presume A Person To Be Financially Stable Merely Because He Got Married: Allahabad HC
2 years, 2 months ago
Compassionate Appointment Cannot Be Treated As Reservation Of Any Kind: Punjab & Haryana High Court
2 years, 2 months ago
Qualification Prevailing On The Date Of Applying For Compassionate Appointment Is To Be Considered : Supreme Court
2 years, 2 months ago
Married Daughter Not Dependant On Deceased Father Can't Claim Compassionate Appointment: Chhattisgarh High 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
2 years, 3 months ago
Compassionate Appointment Cannot Be Granted Where Bereaved Family Does Not Face "Indigent Circumstances": Rajasthan 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
2 years, 4 months ago
Compassionate Appointment Offered To Dependant Of Deceased Employee Is A Concession, Not A Right: Delhi High Court
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
2 years, 6 months ago
Compassionate Appointment Not A Bonanza, Can't Be Claimed As A Matter Of Right: Allahabad High Court
2 years, 9 months ago
Illegitimate Child Also Entitled To Compassionate Appointment: Chhattisgarh High Court
2 years, 9 months ago
Compassionate Appointment Policy Cannot Discriminate Against 'Illegitimate' Children Of Deceased Employee: Supreme Court
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
2 years, 10 months ago
Compassionate Appointment : Whether Qualification Acquired After Date Of Application Is To Be Considered? Supreme Court To Examine
2 years, 11 months ago
Compassionate Employments Open Only To Kith & Kin Of 'Govt Servants': Kerala High Court Cancels Appointment Of Late MLA's Son In PWD
3 years, 1 month ago
Compassionate Appointment: 'Divorced' Daughter Cannot Be Treated At Par With 'Widowed' Or 'Unmarried' Daughter: 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
3 years, 3 months ago
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
Husband's Appointment On Compassionate Ground Won't Take Away His Fundamental Right Of Remarriage: Allahabad High Court
4 years ago
'State Cannot Act In A Misogynistic Way': Himachal Pradesh High Court Reads Down Policy Excluding Married Daughters From Compassionate Appointment
4 years, 2 months ago
[Death Of Lady Advocate] Plea In Madhya Pradesh HC Seeks Cancellation Of License and Action Against Erring Hospitals [Read Petition]
4 years, 4 months ago
Sympathy Alone Cannot Give Remedy: SC 'Reluctantly' Sets Aside A HC Order On Compassionate Appointment Plea [Read Judgment]
4 years, 11 months ago
Can't Deny Compassionate Employment To Child From Second Marriage Under Hindu Marriage Act: Bombay HC [Read Judgment]
5 years, 9 months ago

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