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

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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 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
1 week, 4 days ago
Compassionate Employment Claims Must Be Considered Promptly, Bureaucratic Process Of Pushing Files Is Unacceptable: Calcutta High Court
2 weeks, 4 days ago
Compassionate Appointment Can't Be Granted To Posts Under Urban Local Bodies In Absence Of Specific Policy: Calcutta HC
1 month, 3 weeks ago
Once A Family Member Appointed On Compassionate Basis Is Terminated, Another Member Can't Seek Appointment: Punjab & Haryana High Court
2 months, 1 week ago
Merely Mentioning Person's Name In Official Documents As Nominee Is Of No Avail To Claim Compassionate Appointment: MP High Court
2 months, 2 weeks ago
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 months, 3 weeks ago
State To Decide Application For Compassionate Appointment If Made After 5 Years, Not Appointing Authority: Allahabad High Court
2 months, 3 weeks ago
Cannot Discriminate Against Children Born Out Of Void Marriages While Providing Compassionate Employment: Calcutta High Court
3 months ago
Supreme Court Approves Dismissal Of Employees Given Compassionate Appointment On Forged Documents, Questions Railways' Lapse
7 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
8 months, 2 weeks ago
Administrators Often Lose Objectivity When Visited With Judicial Command: Allahabad HC On Rejection Of Compassionate Appointment Claim After Filing Of Writ
9 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
10 months, 1 week ago
Compassionate Appointment Can Only Be Claimed in Accordance with the Existing Policy And Not As A Matter Of Right: Bombay HC
10 months, 1 week ago
Compassionate Appointment | Looking Into Daughter's Marital Status To Determine Her Dependency On Deceased By Itself Not Discrimination: Karnataka HC
1 year ago
After Acceptance Of Compassionate Appointment On A Particular Post A Person Is Precluded From Claiming A Higher Post: MP High Court
1 year, 2 months ago
Sister cannot apply for compassionate appointment on death of her brother, rules Karnataka HC
1 year, 6 months ago
Married sister also eligible for compassionate employment, rules HC
1 year, 7 months ago
Adopted Child Entitled To Seek Compassionate Appointment: Karnataka High Court
2 years, 3 months ago
Compassionate Appointment Cannot Be Treated As Reservation Of Any Kind: Punjab & Haryana High Court
2 years, 4 months ago
Married Daughter Not Dependant On Deceased Father Can't Claim Compassionate Appointment: Chhattisgarh High 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
2 years, 5 months ago
Supreme Court: Appointment on compassionate ground concession not a right
2 years, 5 months ago
Compassionate Appointment Cannot Be Granted Where Bereaved Family Does Not Face "Indigent Circumstances": Rajasthan High Court
2 years, 6 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, 7 months ago
Compassionate Appointment Offered To Dependant Of Deceased Employee Is A Concession, Not A Right: Delhi High Court
2 years, 7 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, 8 months ago
Bombay HC Orders Zilla Parishad to Cancel Compassionate Appointment If Widow Fails to Take Care of Mother-in-law
2 years, 11 months ago
Compassionate Appointment Not A Bonanza, Can't Be Claimed As A Matter Of Right: Allahabad High Court
2 years, 11 months ago
Illegitimate Child Also Entitled To Compassionate Appointment: Chhattisgarh High Court
3 years ago
Compassionate Appointment Policy Cannot Discriminate Against 'Illegitimate' Children Of Deceased Employee: Supreme Court
3 years ago
MP High Court Upholds Decision To Consider Younger Son Of Deceased Employee For Compassionate Appointment Despite Elder Son Serving In Army
3 years ago
Compassionate Appointment : Whether Qualification Acquired After Date Of Application Is To Be Considered? Supreme Court To Examine
3 years, 2 months ago
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
Husband's Appointment On Compassionate Ground Won't Take Away His Fundamental Right Of Remarriage: Allahabad High Court
4 years, 2 months ago
Excluding Married Daughter From Seeking Benefit Of Compassionate Appointment Is Unconstitutional: Karnataka High Court
4 years, 3 months ago
'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
Sympathy Alone Cannot Give Remedy: SC 'Reluctantly' Sets Aside A HC Order On Compassionate Appointment Plea [Read Judgment]
5 years, 2 months ago
Child Born Out Of Second Marriage Is Entitled To Get Compassionate Appointment : Karnataka HC [Read Judgment]
5 years, 10 months ago
Can't Deny Compassionate Employment To Child From Second Marriage Under Hindu Marriage Act: Bombay HC [Read Judgment]
6 years ago
Appointment On Compassionate Grounds Is Not A Vested Right That Can Be Exercised At Any Time: Delhi HC [Read Judgment]
7 years ago
Marriage Not A Ground To Deny Compassionate Appointment To Employee’s Daughter: Madras HC [Read Judgment]
7 years, 11 months ago
Children aged below 15 cannot claim Compassionate appointment after attaining majority: Madras HC [Read Judgment]
8 years, 10 months ago
Exclusion of widowed Daughter in Laws in compassionate appointment schemes constitutionally impermissible : Chhattisgarh HC
9 years, 1 month ago
Policy prohibiting ‘married’ daughters from seeking Compassionate Appointment benefit is Unconstitutional : Chhattisgarh HC [Read Judgment]
9 years, 3 months ago
Married daughter of a deceased Government employee can be appointed on compassionate grounds: Madras High Court
10 years, 4 months ago
Married daughter of a deceased Government employee can be appointed on compassionate grounds: Madras High Court
10 years, 4 months ago
‘Provide appointment on compassionate grounds’
11 years, 7 months ago

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