Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Compassionate Appointment Service Law Determination of claims |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India, West Bengal Regulation of Recruitment in State Government Establishments and Establishments of Public Undertakings, Statutory Bodies, Government Companies and Local Authorities Act, 1999 (14 of 1999) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Compassionate Appointment – Held: Existence of a policy issued by the State Government is a sine qua non for making appointments on compassionate basis – However, in the present case, there was no policy existing to govern compassionate appointment to posts under local authorities in the State of West Bengal – Hence, in the absence of such a policy, compassionate appointment cannot be granted to the respondents-heirs of the deceased employees who worked in the concerned municipalities – Further, the object for grant of compassionate employment is to enable the family of the deceased employee to tide over the sudden crisis due to the death of the bread-earner leaving the family in penury and without any means of livelihood – Thus, operation of a policy/scheme for compassionate appointment is founded on considerations of immediacy – However, in the instant case, the respondents approached the High Court only in the year 2015, after a lapse of nearly ten years from the date of making the application for compassionate appointment in 2005-2006 – Such delay would disentitle the respondents to the discretionary relief u/Art.226 – Entertaining a claim made in 2005-2006, in the year 2023, would be of no avail because admittedly, the respondents have been able to eke out a living even though they did not successfully get appointed to the services of the Municipality on compassionate grounds – Sense of immediacy in the matter of compassionate appointment has been lost in the present case – Claim of the respondents for appointments on compassionate grounds not fit to be considered – West Bengal Regulation of Recruitment in State Government Establishments and Establishments of Public Undertakings, Statutory Bodies, Government Companies and Local Authorities Act, 1999 – West Bengal Municipal, Employees’ (Recruitment) Rules, 2005 – Constitution of India – Article 226 – Delay/Laches. Service Law – Compassionate appointment: Principles enumerated. Object and rationale behind scheme for – Discussed. Determination of claims – Factors – Discussed. Applications for – Manner in which dealt by State authorities, reproached – Held: Delay on the part of the authorities of the State to decide claims for compassionate appointment frustrates the very object of a scheme of compassionate appointment – Government officials are to act with a sense of utmost pro-activeness and immediacy while deciding claims of compassionate appointment to ensure that the wholesome object of such a scheme is fulfilled. |
Judge | Hon'ble Ms. Justice B.V. Nagarathna |
Neutral Citation | 2023 INSC 202 |
Petitioner | The State Of West Bengal |
Respondent | Debabrata Tiwari & Ors. Etc. Etc. |
SCR | [2023] 2 S.C.R. 611 |
Judgement Date | 2023-03-03 |
Case Number | 8842 |
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