Compassionate Appointment Can't Be Granted To Posts Under Urban Local Bodies In Absence Of Specific Policy: Calcutta HC
1 month, 3 weeks ago

Compassionate Appointment Can't Be Granted To Posts Under Urban Local Bodies In Absence Of Specific Policy: Calcutta HC

Live Law  

A single judge bench of the Calcutta High Court comprising of Hiranmay Bhattacharyya, J. held that the compassionate appointments cannot be granted to posts under Urban Local Bodies in the absence of a specific policy governing such appointments. The application was rejected because there was no government policy allowing appointments for family members of employees of Urban Local Bodies under the Urban Development and Municipal Affairs Department. 303-EMP/1M-10/2000, dated August 21, 2002, the family members of deceased employees of Urban Local Bodies were allowed to seek compassionate appointments. It was further observed by the court that the Director of Local Bodies was correct in rejecting the petitioner's application based on the absence of a policy for compassionate appointments applicable to municipal employees.

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History of this topic

Compassionate Employment Claims Must Be Considered Promptly, Bureaucratic Process Of Pushing Files Is Unacceptable: Calcutta High Court
3 weeks, 1 day ago

Compassionate Employment Claims Must Be Considered Promptly, Bureaucratic Process Of Pushing Files Is Unacceptable: Calcutta High Court

Live Law  

The Calcutta High Court has held that claims of compassionate employment must be dealt with promptly and that the legal right of a litigant who belongs to a socially or economically backward section of society should not be defeated on account of procedural lapses of the litigant in view of glaring breaches by the employer. A division bench of Justices …

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 …

State To Decide Application For Compassionate Appointment If Made After 5 Years, Not Appointing Authority: Allahabad High Court
3 months 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 …

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 …

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 …

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 …

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 …

Bombay High Court Carves Exception Of Compassionate Appointment For Brother Looking After Deceased's Wife And Child
2 years, 2 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 …

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 …

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 …

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 …

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 …

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

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 …

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 …

Madras HC Suggests Temporary Employee’s Widow’s Compassionate Appointment [Read Judgment]
8 years, 5 months ago

Madras HC Suggests Temporary Employee’s Widow’s Compassionate Appointment [Read Judgment]

Live Law  

In a bid to commiserate with an aggrieved widow of a temporary municipality worker, who expired before regularization of his service, the Madras High Court has directed the authorities to consider her appeal for compassionate appointment to a temporary post as early as possible.The deceased’s wife had filed the writ petition seeking terminal benefits on the contention that he lost …

Second wife’s son cannot be appointed on compassionate grounds, when marriage was not in accordance with law: Bombay HC
9 years, 7 months ago

Second wife’s son cannot be appointed on compassionate grounds, when marriage was not in accordance with law: Bombay HC

Live Law  

Nagpur Bench of the Bombay High Court comprising Justice Vasanti A. Naik and Justice A.M. Badar has held that second wife’s child cannot seek Government job on compassionate grounds, when the second marriage was not in accordance with law.The Court also noted that the application for appointment was also made after an inordinate delay of more than 10 years after …

‘Provide appointment on compassionate grounds’
11 years, 7 months ago

‘Provide appointment on compassionate grounds’

The Hindu  

The Madras High Court Bench here has directed the Commissioner of Dindigul Municipality to provide appointment on compassionate grounds to the son of a municipality scavenger, who had failed to report to work since 1987. The petitioner, P. Venkatesan, filed the petition seeking compassionate appointment to his father Palani’s job as scavenger. Mrs. Mariyayee submitted a representation to the Commissioner …

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