
Bombay High Court Carves Exception Of Compassionate Appointment For Brother Looking After Deceased's Wife And Child
Live LawThe 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 the only persons eligible for compassionate appointment, not the dependent brother. “Nevertheless, in consideration of the peculiar facts of the case… in such exceptional and special circumstances though we have concurred with the reasons given by the Education Officer while declining the approval, in the interest of justice, we direct the Education Officer to grant the approval to the Petitioner’s appointment, as a special case.” The exceptional circumstance in the present case was that the deceased’s wife had given her no objection to her brother-in-law’s appointment. Lastly, the bench noted that “since Petitioner is looking after family of the deceased since 2013, we think, it would not be appropriate to discontinue the Petitioner’s services in the above facts and circumstances.” Facts of the Case The petitioner Vinod Budhbaware challenged the Education Officer, Zilla Parishad, Wardha’s order dated 20th July, 2022 refusing him approval on compassionate grounds based on the government resolutions.
History of this topic

'Pious Intention' Of Compassionate Appointment Is To Give Relief To Deceased Employee's Kin, Can't Be Misused: Gujarat High Court
Live Law
Compassionate Employment Claims Must Be Considered Promptly, Bureaucratic Process Of Pushing Files Is Unacceptable: Calcutta High Court
Live Law
Compassionate Appointment Can't Be Granted To Posts Under Urban Local Bodies In Absence Of Specific Policy: Calcutta HC
Live Law
Once A Family Member Appointed On Compassionate Basis Is Terminated, Another Member Can't Seek Appointment: Punjab & Haryana High Court
Live Law
Merely Mentioning Person's Name In Official Documents As Nominee Is Of No Avail To Claim Compassionate Appointment: MP High Court
Live Law
Compassionate Appointment Cannot Be Given By Management Of Institute Where Deceased Was Employed, Must Be Placed Before DIOS: Allahabad HC
Live Law
State To Decide Application For Compassionate Appointment If Made After 5 Years, Not Appointing Authority: Allahabad High Court
Live Law
Cannot Discriminate Against Children Born Out Of Void Marriages While Providing Compassionate Employment: Calcutta High Court
Live Law
Supreme Court Approves Dismissal Of Employees Given Compassionate Appointment On Forged Documents, Questions Railways' Lapse
Live Law
Family Of Employee Having More Than Two Children Ineligible For Compassionate Appointment: Bombay High Court Dismisses Claim Of Deceased Cop's Son
Live Law
Administrators Often Lose Objectivity When Visited With Judicial Command: Allahabad HC On Rejection Of Compassionate Appointment Claim After Filing Of Writ
Live Law
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
Compassionate Appointment Can Only Be Claimed in Accordance with the Existing Policy And Not As A Matter Of Right: Bombay HC
Live Law
Compassionate Appointment | Looking Into Daughter's Marital Status To Determine Her Dependency On Deceased By Itself Not Discrimination: Karnataka HC
Live Law
After Acceptance Of Compassionate Appointment On A Particular Post A Person Is Precluded From Claiming A Higher Post: MP High Court
Live Law
Sister cannot apply for compassionate appointment on death of her brother, rules Karnataka HC
Op India
Married sister also eligible for compassionate employment, rules HC
Deccan Chronicle
Adopted Child Entitled To Seek Compassionate Appointment: Karnataka High Court
Live Law
Compassionate Appointment Cannot Be Treated As Reservation Of Any Kind: Punjab & Haryana High Court
Live Law
Married Daughter Not Dependant On Deceased Father Can't Claim Compassionate Appointment: Chhattisgarh High Court
Live Law
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
Supreme Court: Appointment on compassionate ground concession not a right
Live Mint
Compassionate Appointment Cannot Be Granted Where Bereaved Family Does Not Face "Indigent Circumstances": Rajasthan High Court
Live Law
Compassionate Appointment Can't Be Claimed/Offered After A Significant Lapse Of Time And After Crisis Is Over: Allahabad High Court
Live Law
Compassionate Appointment Offered To Dependant Of Deceased Employee Is A Concession, Not A Right: Delhi High Court
Live Law
Compassionate Appointment Intended To Provide "Urgent Relief" To Bereaved Family: Gujarat High Court Refuses To Grant Benefit After 5 Yrs Of Death
Live Law
Bombay HC Orders Zilla Parishad to Cancel Compassionate Appointment If Widow Fails to Take Care of Mother-in-law
News 18
Compassionate Appointment Not A Bonanza, Can't Be Claimed As A Matter Of Right: Allahabad High Court
Live Law
Illegitimate Child Also Entitled To Compassionate Appointment: Chhattisgarh High Court
Live Law
Compassionate Appointment Policy Cannot Discriminate Against 'Illegitimate' Children Of Deceased Employee: Supreme Court
Live Law
MP High Court Upholds Decision To Consider Younger Son Of Deceased Employee For Compassionate Appointment Despite Elder Son Serving In Army
Live Law
Compassionate Appointment : Whether Qualification Acquired After Date Of Application Is To Be Considered? Supreme Court To Examine
Live Law
Compassionate Appointment - Policy Prevailing At The Time When Employee Died/Application Was Made Is Only To Be Considered : Supreme Court
Live Law
Husband's Appointment On Compassionate Ground Won't Take Away His Fundamental Right Of Remarriage: Allahabad High Court
Live Law
Excluding Married Daughter From Seeking Benefit Of Compassionate Appointment Is Unconstitutional: Karnataka High Court
Live Law
'State Cannot Act In A Misogynistic Way': Himachal Pradesh High Court Reads Down Policy Excluding Married Daughters From Compassionate Appointment
Live Law![Sympathy Alone Cannot Give Remedy: SC 'Reluctantly' Sets Aside A HC Order On Compassionate Appointment Plea [Read Judgment]](/static/images/error.jpg)
Sympathy Alone Cannot Give Remedy: SC 'Reluctantly' Sets Aside A HC Order On Compassionate Appointment Plea [Read Judgment]
Live Law![Child Born Out Of Second Marriage Is Entitled To Get Compassionate Appointment : Karnataka HC [Read Judgment]](/static/images/error.jpg)
Child Born Out Of Second Marriage Is Entitled To Get Compassionate Appointment : Karnataka HC [Read Judgment]
Live Law![Can't Deny Compassionate Employment To Child From Second Marriage Under Hindu Marriage Act: Bombay HC [Read Judgment]](/static/images/error.jpg)
Can't Deny Compassionate Employment To Child From Second Marriage Under Hindu Marriage Act: Bombay HC [Read Judgment]
Live Law![Appointment On Compassionate Grounds Is Not A Vested Right That Can Be Exercised At Any Time: Delhi HC [Read Judgment]](/static/images/error.jpg)
Appointment On Compassionate Grounds Is Not A Vested Right That Can Be Exercised At Any Time: Delhi HC [Read Judgment]
Live Law![Marriage Not A Ground To Deny Compassionate Appointment To Employee’s Daughter: Madras HC [Read Judgment]](/static/images/error.jpg)
Marriage Not A Ground To Deny Compassionate Appointment To Employee’s Daughter: Madras HC [Read Judgment]
Live Law![Children aged below 15 cannot claim Compassionate appointment after attaining majority: Madras HC [Read Judgment]](/static/images/error.jpg)
Children aged below 15 cannot claim Compassionate appointment after attaining majority: Madras HC [Read Judgment]
Live Law
Exclusion of widowed Daughter in Laws in compassionate appointment schemes constitutionally impermissible : Chhattisgarh HC
Live Law![Policy prohibiting ‘married’ daughters from seeking Compassionate Appointment benefit is Unconstitutional : Chhattisgarh HC [Read Judgment]](/static/images/error.jpg)
Policy prohibiting ‘married’ daughters from seeking Compassionate Appointment benefit is Unconstitutional : Chhattisgarh HC [Read Judgment]
Live Law
Married daughter of a deceased Government employee can be appointed on compassionate grounds: Madras High Court
Live Law
Married daughter of a deceased Government employee can be appointed on compassionate grounds: Madras High Court
Live Law
‘Provide appointment on compassionate grounds’
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