Compassionate ground appointment judgment. 2011 for appointment on compassionate ground.

Compassionate ground appointment judgment , while allowing the present petition for regularization, placed reliance upon the judgment dated 13-03-2019 in WP (C) 7779 of 2018, by the present Court, which provided that “any appointment made under the die-in-harness scheme under compassionate ground is to be made on regular basis. Ananta Rajeswara Rao [(1994) 1 SCC 192] has held that appointment on grounds of descent clearly violates Article 16(2) of the Constitution; but if the appointment is confined to the son or daughter or widow of the Government Mar 13, 2023 · In a judgment delivered on March 3, the Supreme Court rejected some applications for ‘compassionate appointment’ that were filed by the dependents of deceased government employees in West Bengal. Oct 27, 2024 · Debabrata Tiwari and Others, where the apex court held that "a claim for compassionate appointment may not be entertained after lapse of considerable period of time, since the death of the government employee", specified that cases of appointment on compassionate ground to the family member of the State Government employees, who died in harness Feb 11, 2023 · 1. 1990. The said application was rejected vide communication dated 18. Mar 5, 2024 · The Orissa High Court has reiterated that married daughters cannot be denied of benefits under the Rehabilitation Assistance Scheme for appointment on compassionate grounds, after death of their Oct 3, 2022 · 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 directing the Fertilisers and Chemicals Travancore Ltd and others to consider the case of a woman for appointment on compassionate ground. 860 of 2015 before the Tribunal approximately after a period of two years after the rejection of her application for appointment on compassionate grounds. 142-Emp. ***** Consolidated instructions on Scheme for "Compassionate Appointment in Indian Railways" were issued vide this office letter No. After due verification and attestation the case was sent to Circle Office, Lucknow for consideration of Page No. 2 requested the petitioner’s mother to receive financial assistance instead of compassionate appointment to the tune of Rs. 1999, the married daughters also entitled for consideration of appointment on compassionate grounds. Jul 1, 2015 · CIVIL APPEAL NO. 2014, appellants had denied compassionate appointment to the respondent primarily on the ground that the application was made 13 years after the death of his father. Full Judgment. Sunil Kundal -Vs- State of W. A. At present, the orders relating to appointment on compassionate grounds are scattered in a number of office circulars/ orders issued from time to time. SCHEME FOR APPOINTMENT ON COMPASSIONATE GROUNDS IN EXCEPTIONAL CASES IN STATE BANK OF INDIA 1. The Respondent-Union rejected the representation on 24. only applied to workers of the State Government. The compassionate ground is a concession and not a right," it said. Madhya Pradesh High Court (Division Bench (DB)- Two Judge) Judgment on 08. f 8-5-1993. Dairy Development Coop. A. Dec 13, 2022 · The Delhi High Court opined that the appointment on compassionate grounds is a policy matter and Court/Tribunal can only give directions to the Authority to consider the facts of a particular case subject to the availability of vacancy. In view of the direction clearly indicated in paragraph 9 of the judgment of the learned Single Judge, which has been specifically approved by the Division Bench, it is apparent that the question of seniority of the person appointed through TNPSC or person appointed on compassionate ground, has to be fixed on the basis of the date of appointment. - Jun 21, 2023 · 3. Dec 22, 2021 · c) The petitioner filed her representation seeking compassionate appointment under Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996, and the same was rejected on the ground that the petitioner is a married daughter and thus not eligible for compassionate employment under the said rules. Stay connected to all updated on Compassionate Appointment Aug 14, 2023 · Compassionate appointment is an appointment which is granted to a dependant family member of a government servant who has died in harness i. In this regard, ‘descent’ must be understood to encompass the familial origins of a person. Considering the contention to read down R. Mrs. In the furtherance of M. :— Heard learned counsel for the petitioner and the Bank. In this context, it would be useful to refer the judgment application for appointment on compassionate ground. The bench comprising […] (e) The Supreme Court has held in its judgement in the case of State of Haryana and others vs. T. That is to say, a policy for compassionate appointment, which has the force of law, must not discriminate (e) The Committee constituted for considering a request for appointment on compassionate grounds should limit its recommendation to appointment on compassionate grounds only in a really deserving case and only if vacancy meant for appointment on compassionate grounds will be available within a year in the concerned administrative Oct 3, 2022 · 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 Jun 19, 2019 · Madras High Court Arunkumar vs The Secretary To Government on 19 June, 2019 Equivalent citations: AIRONLINE 2019 MAD 1729 Author: S. compassionate grounds appointment, if the marriage had taken place during the subsistence of the first marriage. Dec 19, 2021 · The competent authority rejected the claim on 17/21. Learned counsel appearing for petitioners would submit that the appointment on compassionate grounds was denied on the basis of a Rule that came about on 26-09-2017 which was long after the death of the bread winner of the family and the application being given by the petitioners for appointment on compassionate grounds. 2013, the application for appointment on compassionate appointment came to be rejected on the ground that there is no provision provided under Rule 3(2)(ii) of Karnataka Civil Services (Appointment on Compassionate Grounds) Rules 1996 (hereinafter referred to as ‘the Rules, 1996’) for divorced daughter. Rani Devi and others [JT 1996(6) 8. Jan 23, 2013 · The Supreme Court has held in its judgement in the case of State of Haryana and others vs. When an appointment is made on compassionate ground, it should be kept confined only to the purpose it seeks to achieve, the idea being not to provide for endless compassion. 14014/6/1994- Estt(D) dated 09. At this stage, it is required to be noted that under the 1990 Rules, there was no provision that when the wife of the deceased is alive, the son cannot make an application for appointment on compassionate grounds. 154 of 1993 w. while on duty or before retirement or who is retired on medical grounds, as a result leaving his family in penury and without any means of livelihood so that the family of… May 4, 2022 · 06-12-1994: The father of the petitioner preferred an application for compassionate appointment. Feb 22, 2024 · While considering such requests for compassionate ground appointment the General Manager should satisfy himself on the basis of a balanced and objective assessment of the financial & other conditions of the family, that the grounds for compassionate ground appointment in each such case, is justified (Board’s letter No. It was argued that Circular No. Thereafter, the Circle Office asked Mar 20, 2023 · The claim for appointment on compassionate grounds made by the woman from Pudukkottai district had been rejected by the authorities since she was married. Explanation. 350, dated 30. Oct 15, 2024 · The son of the employer applied for the compassionate appointment. 1993. However, the case of the petitioner has been wrongly rejected on the ground that since the mother of the petitioner was already serving in Himachal Pradesh Public Works Department; therefore, he was not entitled for appointment on compassionate basis. Judgment 26 WP-3701- 2022-FB-F1. ” Apr 1, 2022 · The learned Judge while dealing with the object of compassionate appointments succinctly dealt with the legal position and allowed a Writ Petition, wherein a challenge was laid to Rule 2(1) (a) (i), Rule 2(1) (b) and Rule 3(2) (i) (c) of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996, holding inter alia as follows: Nov 14, 2024 · State of Haryana addresses the sensitive issue of compassionate appointments, examining the scope of relief granted to dependents of deceased government employees. Jan 3, 2018 · Union of India reported in 1989 (4) SCC 468, it was observed that in all the claims of appointment on compassionate grounds, there should not be any delay in appointment. Compassionate appointments must align with set policy parameters and cannot be a vested right. 646] on July 15, 1996 that if the scheme regarding appointment on compassionate ground is extended to all sorts of casual, ad-hoc employees including those who are working as Apprentices, then such scheme cannot compassionate appointment. . Instructions regarding appointments on compassionate grounds have been issued from time to time. 1997. Mrs Asha Ramchandra Ambekar and others [JT 1994(2) S. It is the case of the respondent herein that on the death of the respondent’s father in harness, his mother made an application for appointment of the respondent on compassionate grounds to the post of Peon under the 1998 Scheme. e. 154/1993 w. Being aggrieved by the communication dated 11. BACKGROUND: i) The Banking Division, Government of India, on 12. Sep 14, 2021 · By order dated 03. Termination of the Petitioner. 2022 and Bank through Advocate vide letter dated 30. 2022 informed her that there is dispute between two wives of the deceased employee, thus, her case cannot be considered. 391 of 2010. Chandrachud and A. 2019 CORAM THE HONOURABLE MR. 8. 122/99, 35/02, 123/06, 223/06] Compassionate ground appointment to the wife/wards/dependents of partially de-categorized staff who seeks voluntary retirement may be given subject to conditions (Estt. Even otherwise, she shall not be entitled to appointment on compassionate ground after a number of years from the death of the deceased employee," the bench said. Feeling aggrieved with the impugned order, the petitioners filed this petition before this Court. "These appeals by special leave challenge the judgment dated 12. Fed. 10,00,000/- (Rupees ten lakhs) only. The bench of Justice RN Manjula said that providing compassionate appointments is more like fulfilling an unwritten Will of the deceased government servant. 2010. 17/21. Jan 1, 2021 · The Supreme Court has held in its judgement dated February 28,1995 in the case of the Life Insurance Corporation of India vs. 2001 of a Full Bench of Andhra Pradesh High Court holding that there can be no appointment on compassionate grounds in cases other than death of a government servant in harness, and that any scheme for compassionate appointment on medical invalidation of a government servant, is Aug 5, 2022 · (e) The Supreme Court has held in its judgement in the case of State of Haryana and others vs. 2012, extending the benefit of compassionate appointment to the unmarried dependant brother of an son applied for appointment on compassionate ground under the 1990 Rules. In fact, such grounds militate against claim for compassionate grounds appointment. 20973 of 2015 Arunkumar Nov 3, 2020 · The State of Bihar, JT 1995 (9) SC 131, the Supreme Court rejected the case of a minor who had claimed compassionate appointment after he had attained majority while observing as follows:— “It is contended for the appellant that when his father died in harness, the appellant was minor; the compassionate circumstances continue to subsist (a) The Supreme Court in its judgement dated April 8, 1993 in the case of Auditor General of India and others vs. 2. Subramaniam Bench: S. 2000. Shah and Justice B. The Bank did not pay heed to her request and she sent Legal Notice dated 30. It provides that ‘Dependent Family Member’ would mean: Spouse, or ; Son (including adopted son) Feb 3, 2022 · Female dependent eligible for compassionate employment: In Mamni Pradhan v. Nov 11, 2023 · The appellant, working as a labourer, challenged the Bombay High Court's decision dismissing the Writ Petition filed seeking compassionate appointment on four grounds outlined in the impugned judgment: i) The father's demise occurred 15 years ago; ii) The family has sustained itself for 15 years; iii) The petitioner's sister is married, and iv Nov 13, 2024 · The Supreme Court of India ruled that compassionate appointment in government jobs is not an automatic right. Subramaniam 1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19. Aug 28, 2024 · Compassionate Appointment; Judgment Date: Aug 16, 2022. May 15, 2015. The court observed that while considering the object of the appointment on compassionate ground, the respondent shall not be entitled to the appointment on compassionate ground on the death of her father, who died in the year 1995. 16). 11. instructed states to create their own policies for compassionate appointment and made it clear that Circular No. 2022 . Oct 1, 2022 · The respondent filed O. The scheme of appointment on compassionate grounds is an exception and has to be applied cautiously. Mar 4, 2020 · 9(3) : All applications for appointment on compassionate grounds made between the 13th day of September 1996 and the date of commencement of the Karnataka Civil Services (Appointment on Compassionate Grounds) 3rd Amendment Rules, 2002 by the dependents of Government servants who died on or after 20 th October 1989 (other than the application SCHEME FOR APPOINTMENT ON COMPASSIONATE GROUNDS IN EXCEPTIONAL CASES IN STATE BANK OF INDIA 1. This Court also held that married daughter is entitled for appointment on compassionate grounds. December 14, 2024 e-Paper LOGIN Account That thereafter the elder sister of the respondent namely Mrs. Oct 6, 2022 · "The respondent cannot be said to be dependent on the deceased employee, i. 2. 2011 for appointment on compassionate ground. & Ors Points: COMPASSIONATE APPOINTMENT: Family of the deceased employee received terminal benefits and the family pension- Compassionate appointment whether can be denied- Service Law Facts: The father of the petitioner died-in-harness on 14th February, 2005 and immediately May 24, 2022 · Service Law -Compassionate appointments must be decided within 6 months- considering the object and purpose of appointment on compassionate grounds, i. Compassionate appointment is a scheme by the Government provided to the dependent of the deceased as in the absence of the deceased the family lives in the 9. R. O. Such a dependant is not eligible for appointment on compassionate grounds to posts which are within the purview of the Commission. 97-Emp. As per Rule 2(b) of the 1990 Rules, “Family Members” shall May 26, 2022 · The Article ‘Compassionate Appointment – Analysis in the Light of Judgments’ by A. 2022. Appointments on compassionate grounds cannot wait for the claimants to attain majority or to enable them to acquire additional qualifications and get a better deal in appointments. Jun 29, 1998 · The question as to whether the scheme for giving appointment on compassionate grounds can be altered with retrospective effect was considered in the case reported as A. 1978 advised a scheme for appointment of dependents of deceased employees on Learned counsel submits that in terms of G. Sub: Appointment on compassionate grounds — Master Circular. Ms. Published on: May, 26, 2022 at 10:45 IST. The bench noted that such claims may not be entertained after a lapse of a considerable period since the death of the accused. Oct 3, 2022 · Appointment on compassionate grounds 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. 08. 1978 advised a scheme for appointment of dependents of deceased employees on Aug 5, 2022 · (e) The Supreme Court has held in its judgement in the case of State of Haryana and others vs. May 15, 2015 · By perusal of the judgment in Jaspal Kaur’s case, it is apparent that the judgment specifically states that claim of compassionate appointment under a scheme of a particular year cannot be decided in the light of the subsequent scheme that came into force much after the claim. Therefore, as of date, the law of the land is that a legal heir cannot be given an appointment on compassionate grounds to a post higher than the post held by the deceased employee. 03-01-1995: The scheme of compassionate appointment stood withdrawn/amended. 2010 W. A claim for compassionate appointment by the dependent of the deceased employee may not be Nov 14, 2024 · On November 13, 2024, the Supreme Court (SC) of India held that compassionate appointment is not a vested right for the appointment that can be granted without any kind of scrutiny or undertaking a selection process. In the present case the differentia is that the category of brothers and sisters of an unmarried deceased employee are eligible to apply for compassionate appointment, and the other category of brothers and sisters of a married deceased employee are not eligible for compassionate appointment. By order dated 06. 6. Existing provisions for appointment on compassionate grounds to the dependents of defence personnel, who died or disabled in war May 10, 2018 · 33. Y. 15, 1996 that if the scheme regarding appointment on compassionate ground is extended to all sorts of casual, ad-hoc employees including those who are working as Apprentices, then such scheme cannot Jan 20, 2024 · In 2020, when the petitioner made an application seeking compassionate appointment, the same was rejected on the ground that the husband of the deceased was working as Assistant in Krishnapuram We would like to show you a description here but the site won’t allow us. Accordingly the applicant seeks the following reliefs : (i) quash and set aside the communication dated 21. The order passed by the Tribunal has been confirmed by the High Court by the impugned judgment and order, which Mar 9, 2023 · The Supreme Court, recently, held that since compassionate appointment is not a vested right. 2012, on the ground that the amendment made to the Karnataka Civil Services (Appointment on Compassionate Grounds) (7th amendment) Rules, 2012 on 20. 5. Mar 3, 2023 · By order dated 03. Banumathi, J. 4. 267/2008. No. Subsequently, many instructions on compassionate appointments have Oct 10, 2022 · In the said decision, after referring to a catena of judgments of the Supreme Court on the appointment on compassionate ground, the court observed that appointment on compassionate ground offered to a dependent of a deceased employee is an exception to equal opportunity rule mandated under Articles 14 and 16 of the Constitution. Jul 12, 2021 · 5. Nov 22, 2024 · The Hon’ble Court noted that compassionate appointments are intended to aid families in immediate financial distress. , a family of a deceased employee may be appointment and subsequently married before her appointment •(g) One of the married daughter and unmarried minor daughter at the choice of the wife of the deceased. Nagarathna of the Supreme Court overturned the judgment of the High Court of Orissa at Cuttack where the High Court dismissed the said writ petition preferred by the appellant herein and has refused to direct the State authorities to appoint the appellant herein – original processing thc ca«Lqes of compassionate appointment. 2020 and especially in view of 2020, directing r the to the orders Nov 18, 2021 · "As per the settled preposition of law laid down by this Court for appointment on compassionate ground, the policy prevalent at the time of death of the 4 deceased employee only is required to be Dec 17, 2021 · The bench of Justices D. •(h) A widow or widower appointed on compassionate • • • the policy and held that the policy offering appointment to a dependant on compassionate grounds on medical invalidation of the government servant, did not satisfy the requirements of Article 16. Jan 14, 2022 · Petitioner by approaching the respondents had sought appointment on compassionate basis. 2014 to the 1st respondent seeking for appointment on compassionate grounds. The said judgment is challenged by the government servants or the applicants for compassionate appointment, in these appeals by special leave. 2014 because appellant No. SUBRAMANIAM W. The said application for compassionate appointment was filed on 21. — The common question of law falling for consideration in these civil appeals is: whether the dependant family members of the deceased employee of the appellant Canara Bank were entitled to seek compassionate appointment on the basis of “Dying in Harness Scheme” which was passed vide Circular No. 05. 4712 of 2018] , clause 9. f. 01. The Two Judge Bench of Justice M. & Ors [Writ Petition (S) No. An appointment on compassionate ground has to be given in accordance with the relevant rules and guidelines that have been framed by the concerned authority and no person can claim an application for compassionate appointment have been prescribed and they are to be considered by the employer. 09. The apex court held that compassionate appointment is not a vested right. Aug 22, 2022 · Later, in 2014, Bank notified “The Scheme For Appointment on Compassionate Grounds or Payment of Lumpsum Ex-Gratia Amount”. The court emphasized that such provisions are intended to provide immediate financial relief to families facing sudden hardship due to the death of a breadwinner, not as a guaranteed job entitlement after a prolonged period. 02. 30. Sub: Appointment on compassionate ground - Master Circular. Given the 11-year delay from the date of death to Appellant’s attainment of majority, the claim was deemed time-barred. Jun 7, 2022 · Government appointments on compassionate grounds to family members of staffers who died in the harness should be made within six months from applying, the Supreme Court has said in a judgment. High Court’s directions issued in Mansukh Lal Oct 29, 2020 · Gauhati High Court: Achintya Malla Bujor Barua J. Veermati submitted her application dated "Nill" in the office on 13. circumstances of the family, before appointment on compassionate grounds is offered. 2017 allowed the said O. However, the same was rejected on the ground that the petitioner is less than 17 years of age. The, applicant may also be granted pprsonal hearing by the Committee, if felt necessary. , her mother. appointment to a post which is outside the purview of the Commission. Conditions of Appointment:- Appointment on compassionate grounds under these rules shall be subject to the following conditions, namely:- (1) The family of the deceased Government Servant should be in a financial crisis or destitution. E(NG)II/98//RC-1/64 compassionate appointment. 09-03-1995: The petitioner was appointed on compassionate grounds. JUSTICE S. 1. 183] that the High Courts and Administrative Tribunals cannot give direction for appointment of a person on compassionate grounds but can merely direct Feb 4, 2023 · The Court in NC Santhosh held that a dependent does not have a vested right of appointment on the death of a government employee, and can only demand consideration of their application for compassionate appointment. E(NG)II/2022/RC-1/CR7, dated 24. appointment on compassionate grounds to dependents of deceased employees and also considering the case of the writ-petitioner, allowed the petition holding that the writ petitioner was entitled to the benefit of appointment on compassionate ground as the dependent of the deceased employee. Application (s) if any, received during a particular month The Lucknow bench of the Allahabad high court, in a key judgement on the issue of compassionate appointments, has ruled that a woman, even after her marriage or widowhood, would continue to be a Sep 16, 2012 · employment on compassionate ground in the Department of Police was governed by way of Circular dated 16. Dissatisfied with the rejection of the request for compassionate appointment, the Respondent filed a Writ Petition in the High Court 3. The matter relates to compassionate appointment. Thonge made application for seeking appointment on compassionate ground. The purpose of providing appointment on compassionate ground is to mitigate the hardship due to death of the breadwinner in the family. Tags Compassionate Appointment. The petitioner also submitted another representation, dated 05. Dec 17, 2021 · While the competent authority rejected the respondent’s claim for compassionate appointment, the Karnataka State Administrative Tribunal allowed the application on the ground that the amendment made to the Rules on 20. 5. Apr 16, 2021 · The mother of the petitioner made a presentation to the Assistant General Manager, SBI/Tirupati seeking appointment on compassionate grounds to the petitioner. C) MEDICAL DE- CATEGORISATION CASES [Estt Rule No. 9. Her request was denied by Bharat Sanchar Nigam Limited (BSNL) on the grounds that a widowed daughter does not fall under the definition of dependent family members. 12. , 1997(3) SCT 515. E(NG)II/98//RC-1/64 Mar 17, 2021 · This article has been written by Vaishali Jain. 1, being the second wife's son, is not entitled to such an appointment. Aug 31, 2023 · 4. C. Feb 26, 2022 · Policy for compassionate appointment, which has the force of law, must not discriminate on any of the grounds mentioned in Article 16(2), including that of descent. Nov 21, 2024 · (D) dated 02. 2011 on the ground that she cannot be given the appointment on compassionate ground as she is a married daughter. V. 07. G. 10. Thereafter, his wife Smt. 2015 and that portion of the Circular denying appointment on compassionate basis to children from the second marriage, while the first marriage of the deceased Sep 14, 2021 · By order dated 03. The facts, insofar as they are material to this appeal, are thus: The father of the respondent, who was working as HFO in the Horticulture Department at Kullu, died on 29 March 2005 while he was in service. May 26, 2022 · By: Sakunjay Vyas. Jun 6, 2013 · The Supreme Court has held in its judgement dated February 28, 1995 in the case of the Life Insurance Corporation of India vs. 7990 (Master Circular No. 2 appointment on compassionate ground on 04. South Eastern Coalfields Pvt. 2012 on the ground that the Karnataka Civil Services (Appointment on Compassionate Grounds) (7th amendment) Rules, 2012, which extended the Apr 17, 2022 · No. and directed to consider the respondent’s case for appointment on compassionate ground. Thus, the differentia is clearly discernible. Nov 26, 2024 · Guidelines Governing Compassionate Appointment: The Guidelines for Compassionate Appointment have been issued by the Government of India and these state that the scheme for compassionate appointment is applicable to a ‘Dependent Family Member’. appointment on compassionate ground recommend persons for appointment against the next year vacancy? No. NAME: “SBI Scheme for Appointment on Compassionate Grounds in Exceptional Cases” 2. The objective of the Scheme is to grant appointment on compassionate grounds to a dependent family member of a Government servant dying in harness or who is retired on medical grounds, thereby leaving his family in penury and without any means of livelihood, so as to relieve the family of the deceased Government servant Mar 22, 2023 · Therefore here it would be inappropriate to go with the compassionate appointment. Introduction Compassionate Appointment is a social security scheme launched by the Government of India to grant appointment to a dependent family member on a compassionate basis when a Government servant dies while in service or retires on medical grounds. 2018 passed by the learned Single Judge and consequently has directed the appellants – original respondents to consider the candidature of the respondent herein – original appellant for appointment on compassionate ground in Grade­III service, the State of In a significant judgment, Supreme Court summarised principles to entertain the claims related to the compassionate appointment. 2022 (Annexure-A-); (ii) direct the respondents to consider the case of the applicant for appointment on Compassionate grounds on merits and if the applicant is found fit, she may be appointed on any post Commensurate with her qualification; It is further held that, on the contrary, such prohibition frustrates the object for which the policy to give appointment on compassionate ground is formulated. The recommendation of the Committee should be limited to existing vacancies only. " 31. On 8 May 2007, the respondent submitted an application for compassionate appointment. 260/2008 , 266/2008, NO. Job appointment on compassionate grounds cannot be claimed as a matter of right, the Supreme Court has ruled while deciding the case of a daughter’s plea to be appointed 14 years after the death shall not be eligible for appointment under these rules. Bopanna was hearing an appeal against April, 2018 judgment of the Division Bench of the High Court of Judicature at Madras, affirming the judgment 3 The Division Bench of the High Court of Judicature at Madras, by its judgment dated 26 April 2018, has affirmed the judgment and order of the Central Administrative Tribunal1, directing the appellants to reconsider the claim of the respondent for appointment on compassionate grounds for a post corresponding Mar 6, 2024 · The Madras High Court in a recent judgment observed that "in the matters of compassionate appointment granting the appointment can be the rule and denying it may be an exception". Ltd. [Read Judgment ] Appointment on compassionate ground is given only for meeting the immediate hardship which is faced by the family by reason of the death of the bread earner. Niharica is a thorough study on the compassionate appointment with the help of relevant case laws. S. and directed to consider the respondent’s case for appointment on compassionate grounds. E(NG)II/90lRC-lll17 dated 12. 15, 1996 that if the scheme regarding appointment on compassionate ground is extended to all sorts of casual, ad-hoc employees including those who are working as Apprentices, then such scheme cannot Mar 6, 2024 · The view of the Apex Court is that compassionate appointment shall not be given upon a higher post than the post held by the deceased employee. Mar 23, 2011 · “Revised Model Scheme for payment of ex-gratia amount in lieu of appointment on compassionate grounds and appointment of dependents of deceased employees on compassionate grounds” (Annexure-A) brought intoAparesh Kumar Singh, J. However, appointment on compassionate ground offered to a dependent of a deceased employee is an exception to the said norms. The said right, which had accrued in her favour, could Jun 5, 2013 · The appointments on compassionate grounds against a post in Central Government are regulated in terms of the provisions of “Scheme for Compassionate Appointment under Central Government” issued under Department of Personnel & Training O. Sub: Appointment on compassionate grounds – cases of married/ divorcee/ widowed daughter. Common question of law falling for consideration in these civil appeals is whether the dependant family members of the deceased employee of the appellant-Canara Bank were entitled to seek compassionate appointment on the basis of ‘Dying in Harness Scheme’ which was passed Vide Circular No. The dependent of the deceased employee made an application seeking appointment on compassionate grounds. Thereafter, Respondent no. 646] on July 15, 1996 that if the scheme regarding appointment on compassionate ground is extended to all sorts of casual, ad-hoc employees including those who are working as Apprentices, then such scheme cannot be Dec 4, 2020 · When we keep these factors in mind and also in view of the fact that making appointments on compassionate grounds is not one of the identified/marked sources of recruitment to civil service--rather it is an exception to the normal constitutional norm of allowing all people to contest and compete- appointments on compassionate grounds cannot be Further, the prayer of the applicant in the instant OA is that the respondents may be directed to provide him appointment on compassionate ground in accordance with his qualification, is also not acceptable because the Tribunal can merely direct the respondents to 12 consider the case for appointment on compassionate grounds. 2012 would apply retrospectively covering the case of the respondent, though his sister died in harness on 8. In July 2015, Nitin applied for compassionate appointment wherein he suppressed the fact that he was employed in the ICICI Bank and resigned almost eight months after he submitted his application. The request for compassionate appointment was rejected on the ground that the Respondent was not entitled in light of Regulation 4(3) of the Regulations. No recommendation for appointment on compassionate ground can be made against a future vacancy. Oct 25, 2024 · Get Latest News, Breaking News about Compassionate Appointment. R. 183] that the High Courts and Administrative Tribunals cannot give direction for appointment of a person on compassionate grounds but can merely direct Feb 5, 2024 · As the appointment on compassionate ground was denied to the respondent, he preferred the writ petition before the High Court and the learned Single Judge took the view that as the cause of action Feb 9, 2019 · No. The Bench comprising of Justice Anoop Kumar Dhand and Justice Manindra Mohan Shrivastava while refusing challenge to a CAT order wherein it dismissed the plea of petitioner assailing denial of compassionate appointment on ground of prolonged delay, observed Feb 14, 2024 · Reversing the judgment of the High Court, the Apex Court had observed that higher qualification cannot be a ground for compassionate appointment to a higher post. The petitioner applied for appointment on compassionate ground in terms of policy of the Bank. The provision of employment assistance i. Ksheera Sagar v. 1991, which provided that employment in Class III or Class IV posts, shall be accorded on compassionate ground to deserving candidates on the basis of their educational qualification. B. 3. Oct 5, 2022 · On the appointment on compassionate ground, for all the government vacancies equal opportunity should be provided to all aspirants as mandated under Articles 14 and 16 of the Constitution. Appointment on compassionate grounds relates to the appointments made of dependents of Railway servants who lose their lives in the course of duty or die in harness otherwise while in service or are medically incapacitated/ decategorised. Nov 25, 2024 · The case revolved around a petitioner seeking a job on compassionate grounds after the death of her father, a government employee. This case revolves around Tinku, son of a deceased Haryana Police constable, who sought compassionate appointment as per the ex-gratia policy active at the time of his father's passing. No. Nov 1, 2024 · She obtained a succession certificate in 2016 but the temple's EO also asked proof for her divorce to support her request for compassionate appointment on the grounds of desertion by her husband. 2 made a representation dated 17. 646] on July. P(MD)No. 2014 seeking the appointment of her step-son/appellant No. Nov 15, 2019 · The justification to make compassionate ground appointments was provided on the footing that the kin of the deceased stood on the brink of financial penury or faced an immediate financial crisis on account of the death of working member of the family. Rani Devi and others [JT 1996(6) S. While compassionate appointment is an exception to the constitutional guarantee under Article 16, a policy for compassionate appointment must be consistent with the mandate of Articles 14 and 16. The latest position is correctly revealed in the judgment passed by Hon'ble Supreme Court in State of Himachal Pradesh versus Shashi Kumar, (2019) 3 SCC 653, wherein the Hon'ble Supreme Court has observed that subject to the State's policy, and as an exception to the rule, the employer offers appointment on the compassionate grounds to the Nov 16, 2024 · The Supreme Court on November 13, 2024, said that compassionate appointment cannot be claimed as a vested right for appointment, as it is not a condition of service of an employee who dies in harness, which must be given to the dependent without any kind of scrutiny or undertaking a process of selection. Feb 23, 2022 · The Rajasthan High Court has held that State can refuse Compassionate Appointment if there is an inordinate delay in filing application. Hon'ble Supreme Court in Sanjay Kumar Vs. It is clear that Feb 24, 2022 · The Tribunal rejected the original application of the petitioners on the ground that the request for compassionate appointment cannot be entertained at such a belated stage. 0(iii) of the National Coal Wage Agreement – VI was challenged on the ground of being violative of Articles 14, 15, 16, and 21 of the Constitution of India as it allowed only a male dependent aged more than 12 years to be kept Nov 19, 2021 · By dismissing the claim for appointment on compassionate ground, which was made after a period of four and a half years of death of the deceased employee, it was held that appointment on Oct 3, 2022 · 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 directing the Fertilisers and Chemicals Travancore Ltd and others to consider the case of a woman for appointment on compassionate ground. 3[xxxxx]3 Omitted 4. This Appeal has been preferred by the son of Shri Jai Prakash, a deceased constable in Haryana Police, seeking appointment on compassionate grounds, as his father and another constable died while on duty on 22. 2012. ] 3A. 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 Nov 29, 2019 · 29. The Court relied on judgment State of J&K v. Sangita M. Interestingly, the judgment also says that appointment on compassionate ground is an exception to the well-settled principle that Nov 25, 2024 · The Court observed that the object of the scheme for compassionate appointment is to grant appointment on compassionate ground to a dependent family member of an employee dying-in-harness or who is retired on medical grounds, thereby leaving his family in penury and without any means of livelihood, to relieve the family of an employee from Oct 5, 2021 · However, an appointment on the compassionate ground offered to a dependent of a deceased employee is an exception to the said norms. E(NG)II/90/RC-1/117, dated 12. Feb 24, 2022 · Shortly after that, the appellant No. A bench of Justice Krishna Murari and Justice BV Nagarathna underlined that compassionate appointment is not a vested right of such dependents of aside the judgment and order dated 31. Nov 25, 2024 · FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER. 03. 2013, the application for appointment on compassionate appointment came to be rejected on the ground that there is no provision providedunder Rule 3(2)(ii) of Karnataka Civil Services (Appointment on Compassionate Grounds) Rules 1996 (hereinafter referred to as ‘the Rules, 1996’) for divorced daughter. The Tribunal vide its judgment and order allowed the said O. compassionate appointment was introduced in 1958 and since then a number of welfare measures have been introduced by the Government which have made significant difference in Jan 11, 2019 · This writ petition has been filed by petitioner-Sapna Kumari, who has approached this Court with a prayer that the respondents be directed to consider her case for appointment on compassionate grounds in view of the services rendered by her father, who died in harness on 24. 1998, as amended from time to time. P. That the cases requests for appointment on compassionate ground to an eligible ward may be considered. Jul 10, 2023 · 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. The Tribunal vide its judgment and order dated 24. Can appointment on compassionate grounds be Feb 23, 2024 · While considering such requests for compassionate ground appointment the General Manager should satisfy himself on the basis of a balanced and objective assessment of the financial & other conditions of the family, that the grounds for compassionate ground appointment in each such case, is justified (Board’s letter No. S. An application for appointment , on compassionate grounds shall be considered by a Committee of officers nominated by the Registrar General. The Objective of the scheme is to provide […] Oct 3, 2022 · The whole object of granting compassionate employment is, thus, to enable the family to tide over the sudden crisis. M. odt 22. 06. This was challenged by the respondent before the Single Bench of the High Court. 1 under the scheme for appointments on compassionate grounds. jjuea mcaj owms wfckbk vpuny rvigb iertk jloi dxjej gyj