Bringing you the Best Analytical Legal News
“The petitioner has a right to be considered for compassionate appointment but cannot be granted relief in the terms that he has prayed. The relief would have to be suitably moulded to give effect to the petitioner’s rights, otherwise well founded”
“If a married son is eligible for compassionate appointment if he was dependent upon his father at the time of his death unless he had his own means of livelihood, then, there is no reason as to why a married daughter who is similarly placed, i.e., if she was dependent upon her father, should not be eligible for compassionate appointment under the aforesaid scheme.”
A quick legal roundup to cover important stories from all High Courts this week.
Considering the contention to read down R. 2(b)(ii) of Karnataka Civil Services (Appointment on Compassionate Grounds) (Amendment) Rules, 2021, the Court pointed out that who all can lay a claim for compassionate appointment, is a matter of public policy that falls within the domain of the lawmaker, and Courts being the legislature’s coordinate branch, cannot run a race of opinions.
The Court referred to Ahmednagar Mahanagar Palika v. Kamgar Union, (2022) 10 SCC 172, and State of West Bengal v. Debabrata Tiwari, 2023 SCC OnLine SC 219, wherein the Supreme Court held that the object of compassionate employment is to tide over a sudden crisis, and the application for grant of appointment on compassionate basis should not be considered after a prolonged delay; the sense of urgency should not be lost.
If 100% of the vacancies in a particular department is reserved only for women, then, the applications have to be forwarded to the District Collector or to the Personnel and Administrative Reforms Department as the case may be, to be considered under the general pool for being appointed in other suitable posts for compassionate appointment.
The Single Judge failed to consider that the writ petitioner was canvassing his age based on documentary evidence. Such documentary evidence of age was required to be assessed prior to directing the ossification test to be undertaken.
“Appointment under a compassionate scheme is not meant to be an alternate source of recruitment. It is essential to reach immediate succor to a bereaved family, as the sudden passing away of a government servant creates a financial vacuum and it is to lend a helping hand to the genuinely needed members of the bereaved family that an appointment is provided.”
The exclusion of one class of legitimate children from seeking compassionate appointment merely on the ground that the mother of the applicant was a plural wife of the deceased employee would fail to meet the test of a reasonable nexus with the objective sought to be achieved.
The policy of the State Government which disqualifies a ‘married’ daughter and excludes her from consideration for compassionate appointment, apart from being arbitrary and discriminating, is a retrograde step.
After perusing the Government order of the Labour and Employment Department, Madras High Court noted that the family pension of the deceased employee need not be considered while assessing the family’s income.
A quick legal roundup to cover important stories from all High Courts this week.
Calcutta High Court denied the compassionate appointment due to the lack of credibility and failure to establish financial dependency.
Madras High Court said that the false indigent certificate was issued when the petitioner was 30 years old, thus, he should be aware of the consequences of suppression of vital fact and obtaining a certificate based on such suppression. He cannot not claim ignorance. He cannot claim innocence and he cannot seek indulgence from the Court.
Kerala High Court was not satisfied with the petitioner’s claims of being an adopted daughter of the deceased.
Allahabad high Court said that there is no plausible reason why the proposal made by the Institutional Service Board for striking down the word ‘unmarried’ occurring in Regulation 104 of Regulations 1975 could be turned down by the State Government.
Supreme Court held that the Punjab and Haryana High Court was not right in setting aside the judgment of the First Appellate Court and restoring the judgment of the Trial Court, granting the respondent compassionate appointment in Bank of Baroda.
Employees guilty of submitting forged documents to their employer must be dealt with strictly and no sympathy or compassion can be shown to such an employee.
On 8-3-2023, the Government of Tamil Nadu notified the Tamil Nadu Civil Services (Appointment on Compassionate Grounds) Rules, 2023. Key Points: Under
The division bench of Punjab and Haryana High Court noted that the object of such schemes is to grant appointments to dependent family members falling under specific categories on compassionate grounds.