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, Roshini, on the grounds that she is married and thus, was not dependent on her brother. Sanjeev Kalvala, counsel for the petitioner, brought to the notice of the court a Supreme Court ruling, wherein it upheld the decision of the Jharkhand High Court to list married or unmarried sisters as eligible persons to be considered for compassionate appointment and that non-consideration would amount to gender discrimination, in a similar issue. Considering the submission by Sanjeev Kalvala, the Telangana High Court issued directions to Singareni Collieries Company Ltd to appoint the petitioner on compassionate quota.

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History of this topic

'Sisters are not included in the 'family'': Karnataka HC rules sisters excluded from compassionate appointments'
1 year, 3 months ago

'Sisters are not included in the 'family'': Karnataka HC rules sisters excluded from compassionate appointments'

Firstpost  

The court explained that Rule 2 specifically outlines that in the case of a deceased male government servant, only his widow, son, or daughter who were dependent on him and living with him are considered as his family members A recent decision by the Karnataka High Court has determined that, according to the Karnataka Civil Services Rules of 1999, sisters …

Bombay High Court Carves Exception Of Compassionate Appointment For Brother Looking After Deceased's Wife And Child
1 year, 11 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, 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 …

Married Daughter Can't Be Said To Be Dependant On Mother For Compassionate Appointment: Supreme Court
2 years, 2 months ago

Married Daughter Can't Be Said To Be Dependant On Mother For Compassionate Appointment: Supreme Court

Live Law  

The Supreme Court recently held that the married daughter cannot be said to be dependent on her deceased mother and therefore, is not eligible for compassionate appointment. Even otherwise, the Court said that the respondent won't be entitled to appointment on compassionate ground that a number of years had passed from the death of the deceased employee. The Court made …

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 …

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 …

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 …

Compassionate Appointment: 'Divorced' Daughter Cannot Be Treated At Par With 'Widowed' Or 'Unmarried' Daughter: Supreme Court
3 years, 3 months ago

Compassionate Appointment: 'Divorced' Daughter Cannot Be Treated At Par With 'Widowed' Or 'Unmarried' Daughter: Supreme Court

Live Law  

The Supreme Court set aside a Karnataka High Court judgment that held that a divorced daughter would fall in the same class of an unmarried or widowed daughter for the purpose of Karnataka Civil Services Rules, 1996.The bench of Justices MR Shah and Aniruddha Bose reiterated that norms prevailing on the date of consideration of. In appeal, the court summarized …

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, …

Children Born Out Of Second Marriage Cannot Be Treated As Illegitimate Children, Eligible For Compassionate Appointment: Telangana HC
3 years, 5 months ago

Children Born Out Of Second Marriage Cannot Be Treated As Illegitimate Children, Eligible For Compassionate Appointment: Telangana HC

Live Law  

Children born out of second marriage cannot be treated as illegitimate children, the Telangana High Court observed while considering plea of a man whose application for compassionate appointment was rejected.In this case, Arpula 's application seeking compassionate appointment was rejected on the ground that he is an illegitimate child and he was born out of second marriage and his father …

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 …

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