Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law - Appointment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law - Appointment - Compassionate appointment - Entitlement to - Respondent's wife died while she was in service - Respondent obtained death-cum- terminal benefits of his wife from her department - Subsequently he made application for compassionate appointment - Department rejected the application of respondent on the ground that he was not considered to be in 'indigent circumstances' - Decision upheld by Tribunal - Respondent filed writ petition - High Court allowed the writ petition holding that the scheme of compassionate appointment does not lay emphasis on indigency as a criterion for withholding or offering compassionate appointment and directed the appellants to include the name of respondent in the list of candidates waiting for appointment on compassionate basis - Justification of - Held: Not justified - Contrary to the High Court's observation, indigence of the dependents of the deceased employee is the first pre-condition to bring the case under the scheme of "compassionate appointment" - If the element of indigence and the need to provide immediate assistance for relief from financial deprivation is taken out from the scheme of compassionate appointments, it would turn. out to be a reservation in favour of the dependents .of an employee who died while in service which would be directly in conflict with the ideal of equality guaranteed under Articles 14 and 16 of the Constitution - Respondent went abroad in search of employment and stayed there for four years before filing application for compassionate appointment - Though he might have been struggling for financial upliftment, he certainly cannot be described as an indigent or destitute - Case of respondent therefore did not come under the scheme of compassionate appointments as envisaged under Office Memorandum dated October 9, 1998 - Even otherwise and without any reference to the said Office Memorandum, case of the respondent does not meet or satisfy the basic object and purpose of appointment on compassionate grounds - Further, respondent has already attained the age of superannuation and there is no question of his appointment on compassionate ground or on any other ground - Constitution of India, 1950 - Articles 14 and 16. |
Judge | Hon'ble Mr. Justice Aftab Alam |
Neutral Citation | 2011 INSC 277 |
Petitioner | Union Of India And Anr. |
Respondent | B. Kishore |
SCR | [2011] 5 S.C.R. 719 |
Judgement Date | 2011-04-06 |
Case Number | 1045 |
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