Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:Appointment – Compassionate appointment – Claim for –Rejected on the ground that as per existing policy there was noprovision for compassionate appointment, where GovernmentServant was getting salary from the work-charge/contingency fund– However, as per the policy, wife of the deceased employee wassanctioned compassionate grant of Rs. One Lakh – Writ Petition –Allowed by High Court holding that once the employee becamepermanent under the Pension Rules, the policy was not applicableand directed the department to consider the case of the claimantfor compassionate appointment – Writ Appeal before Division Benchtaking the plea that the deceased Government employee since wasnot a regular employee, within meaning of r. 2(b) of Civil ServiceConduct Rules, the claimant was not entitled to compassionateappointment – Dismissed by Division Bench of High Court – Appealto Supreme Court – Held: An employee does not acquire status ofregular employee upon having achieved the status of permanentemployee – claimant not entitled to compassionate appointment –By a subsequent circular compassionate grant amount has beenenhanced to Rs. Two Lakhs – In exercise of power u/Art. 142 of theConstitution, compassionate grant amount is enhanced from Rs. OneLakh to Rs. Two Lakhs – Madhya Pradesh Civil Service ConductRules, 1965 – r. 2(b) – Constitution of India – Art. 142. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2020 INSC 565 |
Petitioner | State Of Madhya Pradesh & Ors. |
Respondent | Amit Shrivas |
SCR | [2020] 11 S.C.R. 46 |
Judgement Date | 2020-09-29 |
Case Number | 8564 |
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