Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Appointment on compassionate ground Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Service Law – Appointment on compassionate ground – Father of the respondent died on 08.10.2015 – That at the time of death the deceased employee was serving as a work charge and he was paid salary from the contingency fund – That the respondent was provided a compensatory amount of Rs. 2 lakhs as per the policy prevalent at the time of death of the deceased employee – Subsequently, the policy came to be amended vide circular dated 31.08.2016, under which even in the case of death of the work charge employee, his heirs/dependents will be entitled to the appointment on compassionate ground – Respondent filed a writ petition before the High Court – The Division Bench of the High Court directed the appellants to consider the case of the respondent for appointment on compassionate ground relying upon and/or considering the subsequent policy/circular dated 31.08.2016 – On appeal, held: 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 deceased employee only is required to be considered and not the subsequent policy – In that view of the matter, the impugned judgment and order passed by the Division Bench is unsustainable and deserves to be quashed and set aside – Thus, the respondent shall not be entitled for appointment on compassionate ground on the basis of the subsequent circular/ policy dated 31.08.2016 – As per the policy/circular prevalent at the time of the death of the deceased employee in case of death of the employee working on work charge, his dependents/heirs were not entitled to the appointment on compassionate ground and were entitled to Rs. 2 lakhs as compensatory amount. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2021 INSC 759 |
Petitioner | The State Of Madhya Pradesh & Ors. |
Respondent | Ashish Awasthi |
SCR | [2021] 7 S.C.R. 444 |
Judgement Date | 2021-11-18 |
Case Number | 6903 |
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