Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law – Compassionate Appointment – Criterion regarding financial status |
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 – Compassionate Appointment – Criterionregarding financial status, non-fulfilment of – Held: Appointmentof a candidate on compassionate basis does not create any vestedright – It is only when a candidate is covered under all clauses ofthe Scheme applicable that he/she could be considered forcompassionate appointment – In the present case, the 1998 Schemeapplicable to the case of the respondent disentitles a candidate forcompassionate appointment benefit on the application of the formulafor calculation of monthly income if the same is not less than 60%of the total emoluments which the deceased was drawing at the timeof his death – Since, the monthly income of the family was not lessthan 60% of the total emoluments which the deceased (respondent’sfather) was drawing at the time of his death, the case of therespondent cannot be considered on compassionate basis – HighCourt erred in setting aside the judgment of the First Appellate Courtand restoring the judgment of Trial Court – Judgment of High Courtset aside – Suit of the respondent seeking declaration and mandatoryinjunction vis-à-vis his appointment in the appellant-Bank oncompassionate basis, dismissed – Suit.Suit – Relief of compassionate appointment sought – Held:Eligibility for compassionate appointment must be as per theapplicable scheme – Courts cannot substitute a scheme or add orsubtract from the terms thereof in exercise of judicial review – Thiswould also apply to a suit filed seeking the relief of compassionateappointment – Service Law. |
Judge | Hon'ble Ms. Justice B.V. Nagarathna Hon'ble Mr. Justice Manoj Misra |
Neutral Citation | 2023 INSC 584 |
Petitioner | Bank Of Baroda & Ors |
Respondent | Baljit Singh |
SCR | [2023] 10 S.C.R. 977 |
Judgement Date | 2023-06-21 |
Case Number | 624 |
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