Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Compassionate appointment Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law:Compassionate ·appointment - Death of employee ofappellant-Bank in harness - His son applied forcompassionate appointment - During pendency of theapplication, new Scheme came into force providing that allapplications pending on the date of the Scheme to beconsidered for grant of ex-gratia payment to the family insteadof compassionate appointment - Compassionateappointment denied - Challenged - Courts below directingthe Bank to appoint - Held: Courts below not correct indirecting the appointment - Mere death of a. Governmentemployee in harness does not entitle the family to claimcompassionate appointment - Such employment cannot beclaimed as a matter of right as the same is not a vested right- Every appointment to public office must be made by strictlyadhering to the mandatory requirements of Arts. 14 and 16of the Constitution - An exception to this rule by providingemployment on· compassionate grounds has been carved outin order to remove the financial constraints of the bereavedfamily - The ameliorating relief should not be taken asopening an alternative mode of recruitment to publicemployment - Courts cannot confer benediction to makeappointments on sympathetic grounds when the regulationframed in. its respect does not contemplate or cover suchappointment - Liberty to applicant to apply for considerationunder the new Scheme. |
Judge | Hon'ble Dr. Justice B.S. Chauhan Honble Mr. Justice Sharad Arvind Bobde |
Neutral Citation | 2013 INSC 521 |
Petitioner | Mgb Gramin Bank |
Respondent | Chakrawarti Singh |
SCR | [2013] 10 S.C.R. 1 |
Judgement Date | 2013-08-07 |
Case Number | 6348 |
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