NDLI: Malaya Nanda Sethy Vs. State of Orissa and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	who died in harness or the subsequent scheme prevalent at the time of consideration of the application rules prevailing on the death of the Government servant Service Law: Compassionate Appointment – Claim of – Rules applicable
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law: Compassionate Appointment – Claim of – Rules applicable, rules prevailing on the death of the Government servant, who died in harness or the subsequent scheme prevalent at the time of consideration of the application – On facts, appellant applied for appointment as a Junior Clerk on compassionate ground under the 1990 Rules – However, application kept pending for consideration – Meanwhile, 1990 Rules replaced by 2020 Rules – Thereafter, the application was considered under the 2020 Rules – Writ petition by the appellant challenging the same– Dismissed by the High Court – On appeal, held: Appellant fulfilled all the conditions for appointment on compassionate grounds under the 1990 Rules – There was no fault and/or delay and/or negligence on the part of the appellant at all – Delay was on the part of department/authorities throughout on one ground or the other – Appellant is deprived of seeking compassionate appointment which he was otherwise entitled to under the 1990 Rules, thus, cannot be denied appointment under the 1990 Rules – Orissa Civil Service (Rehabilitation Assistance) Rules, 1990 – Odisha Civil Services (Rehabilitation Assistance) Rules, 2020. Compassionate Appointment – Object and Purpose of – Held: Basis or policy of compassionate appointment is immediacy in rendering of financial assistance to the family of the deceased employee consequent upon his untimely death while in service – Thus, the authorities must consider and decide such applications for compassionate appointment on grounds as per the policy prevalent, at the earliest, but not beyond a period of six months from the date of submission of such completed applications – Application are to be considered well in time and not in a tardy way – Consideration must be fair, reasonable and based on relevant consideration – It cannot be rejected on the basis of frivolous and for reasons extraneous to the facts of the case.
Judge	Hon'ble Mr. Justice Mukeshkumar Rasikbhai Shah
Neutral Citation	2022 INSC 617
Petitioner	Malaya Nanda Sethy
Respondent	State Of Orissa And Others
SCR	[2022] 4 S.C.R. 707
Judgement Date	2022-05-20
Case Number	4103

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Malaya Nanda Sethy Vs. State of Orissa and Others

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