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 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. Case Before Delhi High Court Delhi Jal Board had approached the High Court assailing the order dated May 3, 2019 passed by Central Administrative Tribunal in which the Tribunal had observed that the respondent's daughter Preeti should have been considered and offered the appointment as LDC after considering her qualification. The High Court bench of Justices Rajiv Sahai Endlaw & Amit Bansal while dismissing DJB's writ observed, "We have next enquired from the counsel for the petitioner DJB, whether the qualification on the date of application for compassionate appointment or the qualification on the date of consideration by the Screening Committee, has to be considered.

Delhi Supreme Court Court Compassionate Appointment Application Order Tribunal Compassionate High Date Appointment Qualification Djb Considered Graduation Delhi Jal Board Bv Nagarathna Compassionate Ground Jal Board Justices Mr Shah Her Qualification  court  supreme  appointment  qualification  compassionate  acquired  considered  delhi  date  order  examine  application  high

History of this topic

Daughter-In-Law Integral Part Of Family, Entitled To Compassionate Appointment: Andhra Pradesh High Court
1 week, 2 days ago

Daughter-In-Law Integral Part Of Family, Entitled To Compassionate Appointment: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has ruled that a daughter-in-law is an integral part of the family and is entitled to appointment on compassionate grounds. The Court further noted that while the government recognises a son or daughter of the deceased government employee for compassionate appointment, the daughter-in-law, despite not being traditionally classified as family, should also be extended the …

[Compassionate Appointment] Law Prevailing On Date Of Employee's Death Applicable Irrespective Of When Application For Appointment Was Submitted: Rajasthan HC
Trending News
3 weeks, 1 day ago

[Compassionate Appointment] Law Prevailing On Date Of Employee's Death Applicable Irrespective Of When Application For Appointment Was Submitted: Rajasthan HC

Live Law  

The Rajasthan High Court has granted relief of compassionate appointment, in a decade-old matter, to the petitioner, affirming that the policy governing such appointment had to be the one that was existing on the date of demise of the concerned person and not on the date of application filed for such appointment. The division bench of Justice Munnuri Laxman and …

Compassionate Appointment To Be Granted Only In “Hand-to-Mouth” Cases, Not Due To Mere Fall In Life Standard : Supreme Court
1 month, 2 weeks ago

Compassionate Appointment To Be Granted Only In “Hand-to-Mouth” Cases, Not Due To Mere Fall In Life Standard : Supreme Court

Live Law  

The Supreme Court, while determining a case related to compassionate appointment, observed that such appointment should be granted only in “hand-to-mouth” cases, provided that all the other conditions are fulfilled. Building on this, the Court concluded that the present case is not the one where the respondent's father's death caused such severe hardship that could only have been remedied through …

Compassionate Appointment Can't Be Granted To Posts Under Urban Local Bodies In Absence Of Specific Policy: Calcutta HC
1 month, 4 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 …

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

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

Live Law  

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 …

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, 1 week 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 …

Limitation Of 5 Years For Seeking Compassionate Appointment Starts On The Date When Cause Of Action Arises', Patna High Court
4 months ago

Limitation Of 5 Years For Seeking Compassionate Appointment Starts On The Date When Cause Of Action Arises', Patna High Court

Live Law  

A Division Bench of the Patna High Court comprising Justices P. B. Banjanthri and B. PD. Singh allowed an appeal challenging the decision wherein an application for compassionate appointment to the post of Constable on the ground that the application was not filed before the authorities within the stipulated time period of 5 years was dismissed by a Single Judge …

Limitation Of 5 Years For Seeking Compassionate Appointment Starts On The Date When Cause Of Action Arises', Patna High Court
4 months ago

Limitation Of 5 Years For Seeking Compassionate Appointment Starts On The Date When Cause Of Action Arises', Patna High Court

Live Law  

A Division Bench of the Patna High Court comprising Justices P. B. Bajanthri and S. B. Pd. Singh allowed an appeal challenging the decision wherein an application for compassionate appointment to the post of Constable on the ground that the application was not filed before the authorities within the stipulated time period of 5 years was dismissed by a Single …

Compassionate Appointment, Employer Must Explore Alternative Posts, If Not Eligible For Specific Post : Patna High Court
4 months, 1 week 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, 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

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 …

Administrators Often Lose Objectivity When Visited With Judicial Command: Allahabad HC On Rejection Of Compassionate Appointment Claim After Filing Of Writ
9 months, 1 week ago

Administrators Often Lose Objectivity When Visited With Judicial Command: Allahabad HC On Rejection Of Compassionate Appointment Claim After Filing Of Writ

Live Law  

While dealing with a case of compassionate appointment, the Allahabad High Court has observed that “Administrators must not panic or retaliate when faced with a judicial command, asking them to perform their duties. High Court Verdict The Court, on 15.09.2023, had issued a show cause notice to the District Cane Officer, Sambhal demanding explanation as to why petitioner's claim for …

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 | Looking Into Daughter's Marital Status To Determine Her Dependency On Deceased By Itself Not Discrimination: Karnataka HC
1 year, 1 month ago

Compassionate Appointment | Looking Into Daughter's Marital Status To Determine Her Dependency On Deceased By Itself Not Discrimination: Karnataka HC

Live Law  

The Karnataka High Court has held that merely because the appointing authority looked into a daughter's marital status to determine her dependency on deceased employee will not by itself amount to gender discrimination. A single judge bench of Justice Sachin Shankar Magadum clarified that the object of compassionate appointment is firmly rooted in addressing the immediate financial crisis faced by …

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

After Acceptance Of Compassionate Appointment On A Particular Post A Person Is Precluded From Claiming A Higher Post: MP High Court

Live Law  

The Madhya Pradesh High Court has observed that once an individual accepts a compassionate appointment, he/she is precluded from seeking or claiming a higher position.Referring to the Supreme Court's Judgment in the case of Rajasthan vs. Umrao Singh, a bench of Justice Vivek Agarwal observed that once a compassionate appointment was given and accepted, the right to. The Madhya Pradesh …

Karnataka High Court Directs LIC To Consider Compassionate Employment Plea By Son Of Wrongfully Terminated Employee, Relaxes Age Limit
1 year, 3 months ago

Karnataka High Court Directs LIC To Consider Compassionate Employment Plea By Son Of Wrongfully Terminated Employee, Relaxes Age Limit

Live Law  

The Karnataka High Court has held that the right of legal heirs of a terminated employee to claim compassionate employment would only arise when such termination was decreed to be illegal by a court of law. In allowing a plea by the legal heirs of a former Life Insurance Corporation employee who had been illegally terminated, a single judge bench …

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] Can't Presume A Person To Be Financially Stable Merely Because He Got Married: Allahabad HC
2 years, 4 months ago

[Compassionate Appointment] Can't Presume A Person To Be Financially Stable Merely Because He Got Married: Allahabad HC

Live Law  

The Allahabad High Court has observed that the marriage of an individual is no ground to deny him/her a compassionate appointment as entering into a marital relationship doesn't raise a presumption that a person is financially stable.With this, the bench of Justice Vikram D. Chauhan set aside an order of the DIG Police Head Quarter, U.P denying compassionate appointment to. …

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 …

Qualification Prevailing On The Date Of Applying For Compassionate Appointment Is To Be Considered : Supreme Court
2 years, 5 months ago

Qualification Prevailing On The Date Of Applying For Compassionate Appointment Is To Be Considered : Supreme Court

Live Law  

The Supreme Court observed that the qualification prevailing on the date of applying for compassionate appointment is to be considered and not the date on which the application for compassionate appointment is considered.In this case, the Central Administrative Tribunal directed the Delhi Jal Board to consider the candidature of an applicant for the post of Lower Division Clerk. The Supreme …

Married Daughter Not Dependant On Deceased Father Can't Claim Compassionate Appointment: Chhattisgarh High Court
2 years, 5 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 …

Supreme Court Weekly Round-Up: October 3 To October 9, 2022
2 years, 5 months ago

Supreme Court Weekly Round-Up: October 3 To October 9, 2022

Live Law  

JUDGMENTS Terms Of Invitation To Tender Are Not Open To Judicial Scrutiny Unless They Are Arbitrary, Discriminatory Or Mala Fide : Supreme Court Observing that the terms of invitation to tender are not open to judicial scrutiny, the Supreme Court set aside a Delhi High Court's order which had quashed the Airport Authority of India's tender conditions for selecting Ground …

Married Daughter Can't Be Said To Be Dependant On Mother For Compassionate Appointment: Supreme Court
2 years, 5 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, 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 …

Appointment on compassionate ground concession not a right, says SC
2 years, 5 months ago

Appointment on compassionate ground concession not a right, says SC

Firstpost  

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 has said. The apex court last week set aside the judgement of a division bench of the Kerala High Court, which confirmed the verdict of a single judge …

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 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 …

Compassionate Appointment Policy Cannot Discriminate Against 'Illegitimate' Children Of Deceased Employee: Supreme Court
3 years, 1 month ago

Compassionate Appointment Policy Cannot Discriminate Against 'Illegitimate' Children Of Deceased Employee: Supreme Court

Live Law  

The Supreme Court observed that a compassionate appointment policy cannot discriminate against a person only on the ground of descent by classifying children of the deceased employee as legitimate and illegitimate. That is to say, a policy for compassionate appointment, which has the force of law, must not discriminate on any of the grounds mentioned in Article 16, including that …

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 …

Applicability Of An Amended Rule For Compassionate Appointment Shall Be Based On Date Of Death Rather Than Date Of Consideration Of Claim: Supreme Court
3 years, 3 months ago

Applicability Of An Amended Rule For Compassionate Appointment Shall Be Based On Date Of Death Rather Than Date Of Consideration Of Claim: Supreme Court

Live Law  

The Supreme Court has held that the applicability of a modified scheme with respect to an appointment on compassionate grounds would be based on a fixed criteria, like the date of death, rather than an indeterminate factor, like the date of consideration of the claim. Analysis of the Supreme Court Distinguished Akkamahadevamma's judgement The Division Bench of the Karnataka High …

Compassionate Appointment Not A Matter Of Right, It Is Provided To Enable Family To Tide Over An Immediate Crisis : Supreme Court
3 years, 3 months ago

Compassionate Appointment Not A Matter Of Right, It Is Provided To Enable Family To Tide Over An Immediate Crisis : Supreme Court

Live Law  

"Undoubtedly, pension is not an act of bounty, but is towards the service which has been rendered by an employee. However, in evaluating a claim for compassionate appointment, it is open to the authorities to evaluate the financial position of the family upon the death while in service", the Supreme Court has observed. If the scheme requires that the family …

Compassionate Appointment: 'Divorced' Daughter Cannot Be Treated At Par With 'Widowed' Or 'Unmarried' Daughter: Supreme Court
3 years, 6 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, 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, …

Sympathy Alone Cannot Give Remedy: SC 'Reluctantly' Sets Aside A HC Order On Compassionate Appointment Plea [Read Judgment]
5 years, 2 months ago

Sympathy Alone Cannot Give Remedy: SC 'Reluctantly' Sets Aside A HC Order On Compassionate Appointment Plea [Read Judgment]

Live Law  

Sympathy alone cannot give remedy, remarked the Supreme Court while 'reluctantly' setting aside a High Court order which directed a bank to consider an application seeking compassionate appointment filed by the son of its deceased employee.Jagdish Raj worked as Clerk-cum-Shroff in the Indian Bank, where he continued to work till his demise. Sympathy alone cannot give remedy, remarked the Supreme …

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 …

BSF Jawan’s Widow Entitled To Appointment On Compassionate Grounds Despite Delay: Kerala HC [Read Judgment]
7 years, 10 months ago

BSF Jawan’s Widow Entitled To Appointment On Compassionate Grounds Despite Delay: Kerala HC [Read Judgment]

Live Law  

The High Court of Kerala recently held a BSF Jawan’s widow to be entitled to appointment on compassionate grounds, despite the delay in making proper applications.Justice Dama Seshadri Naidu noted that in matters of appointments on compassionate grounds, the Courts can presume that the dependents do not require out-of-turn assistance from the employer once they have survived without. The High …

BSF Jawan’s Widow Entitled To Appointment On Compassionate Grounds Despite Delay: Kerala HC [Read Judgment]
7 years, 10 months ago

BSF Jawan’s Widow Entitled To Appointment On Compassionate Grounds Despite Delay: Kerala HC [Read Judgment]

Live Law  

The High Court of Kerala recently held a BSF Jawan’s widow to be entitled to appointment on compassionate grounds, despite the delay in making proper applications.Justice Dama Seshadri Naidu noted that in matters of appointments on compassionate grounds, the Courts can presume that the dependents do not require out-of-turn assistance from the employer once they have survived without. The High …

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 …

Direction To Give Compassionate Appointment Several Years After Employee’s Death Unjustified: SC [Read Judgment]
8 years, 2 months ago

Direction To Give Compassionate Appointment Several Years After Employee’s Death Unjustified: SC [Read Judgment]

Live Law  

In a two page order, the Supreme Court has set aside a high court and Central Administrative Tribunal order, observing that a direction to give compassionate appointment several years after death was not justified.A widow applied for compassionate appointment on the death of her husband, which was rejected on the ground of non-availability of vacancy. In a two page order, …

Direction To Give Compassionate Appointment Several Years After Employee’s Death Unjustified: SC [Read Judgment]
8 years, 2 months ago

Direction To Give Compassionate Appointment Several Years After Employee’s Death Unjustified: SC [Read Judgment]

Live Law  

In a two page order, the Supreme Court has set aside a high court and Central Administrative Tribunal order, observing that a direction to give compassionate appointment several years after death was not justified.A widow applied for compassionate appointment on the death of her husband, which was rejected on the ground of non-availability of vacancy. In a two page order, …

Children aged below 15 cannot claim Compassionate appointment after attaining majority: Madras HC [Read Judgment]
8 years, 10 months ago

Children aged below 15 cannot claim Compassionate appointment after attaining majority: Madras HC [Read Judgment]

Live Law  

Under the scheme, the department is not obligated to keep any post vacant, till the applicant attains majority or to consider his candidature on attaining majority, the Bench said.The Madras High Court, observing that compassionate appointment is not a right, but only a concession, has held that children below the age of fifteen on the day of death in harness …

Exclusion of widowed Daughter in Laws in compassionate appointment schemes constitutionally impermissible : Chhattisgarh HC
9 years, 2 months ago

Exclusion of widowed Daughter in Laws in compassionate appointment schemes constitutionally impermissible : Chhattisgarh HC

Live Law  

High Court of Chhattisgarh has held that the exclusion of widowed daughter-in-law in compassionate appointment policy is constitutionally impermissible and to that extent void. Justice Sanjay K. Agrawal made this observation in Duliya Bai Yadav vs. State of Chhattisgarh.The High Court, in a petition filed by a widowed daughter in law of a deceased employee challenging the order rejecting. The …

Policy prohibiting ‘married’ daughters from seeking Compassionate Appointment benefit is Unconstitutional : Chhattisgarh HC [Read Judgment]
9 years, 3 months ago

Policy prohibiting ‘married’ daughters from seeking Compassionate Appointment benefit is Unconstitutional : Chhattisgarh HC [Read Judgment]

Live Law  

Last week, Allahabad High Court had directed the Govt. to include a divorced daughter within the definition of family, for the purpose of compassionate appointments in the event of death of a government employee while on duty.The Chhattisgarh High Court has held that the policy of the State Government barring and prohibiting the consideration of the married daughter from seeking. …

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 …

Discover Related