Monday, April 10, 2023

Compassionate Appointment : Supreme Court Explains the Principles

Compassionate Appointment : Supreme Court Explains the Principles


An important Judgment was passed by Hon'ble Supreme Court on 16 December 2021.

The issue of compassionate appointment was explained in Secretary to the Government, Department of Education (Primary) and Others Vs. Bheemesh alias Bheemappa [2021] GCtR 2890 (SC) thus : - 

"If compassionate appointment is one of the conditions of service and is made automatic upon the death of an employee in harness without any kind of scrutiny whatsoever, the same would be treated as a vested right in law. But it is not so. Appointment on compassionate grounds is not automatic, but subject to strict scrutiny of various parameters including the financial position of the family, the economic dependence of the family upon the deceased employee and the avocation of the other members of the family. Therefore, no one can claim to have a vested right for appointment on compassionate grounds." 

Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost (without any charges except internet data) from the official website at the link 

https://main.sci.gov.in/daily-order

Then entering the date of Judgment, for example, as 16 December 2021.


Written by 

Vishal

Delhi

Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction. 


No comments:

Post a Comment

Cheque Dishonour under S.138 of Negotiable Instruments Act, 1881 : Who can Maintain a Complaint for Cheque Dishonour

Cheque Dishonour under S.138 of Negotiable Instruments Act, 1881 : Who can Maintain a Complaint for Cheque Dishonour  In the case of Milind ...