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Documents citing Central Coalfields Limited Through ... vs Smt. Parden Oraon on 28 January, 2020

Bhumikaba Vijaysinh Rathod vs Guru Gobindsingh Hospital on 30 July, 2021

"8. The whole object of granting compassionate appointment is to enable the family to tide over the sudden crisis which arises due to the death of the sole breadwinner. The mere death of an employee in harness does not entitle his family to such source of livelihood. The authority concerned has to examine the financial condition of the family of the deceased, and it is only if it is satisfied that but for the provision of employment, the family will not be able to meet the crisis that the job is offered to the eligible member of the family. It was further asseverated in the said judgment that compassionate employment cannot be granted after a lapse of reasonable period as the consideration of such employment is not a vested right which can be exercised at any time in the future. It was further held that the object of compassionate appointment is to enable the family to get over the financial crisis that it faces at the time of the death of sole breadwinner, compassionate appointment cannot be claimed or offered after a significant lapse of time and after the crisis is over.
Gujarat High Court Cites 3 - Cited by 0 - A S Supehia - Full Document

Bhumikaba Vijaysinh Rathod vs Guru Gobindsingh Hospital on 30 July, 2021

"8. The whole object of granting compassionate appointment is to enable the family to tide over the sudden crisis which arises due to the death of the sole breadwinner. The mere death of an employee in harness does not entitle his family to such source of livelihood. The authority concerned has to examine the financial condition of the family of the deceased, and it is only if it is satisfied that but for the provision of employment, the family will not be able to meet the crisis that the job is offered to the eligible member of the family. It was further asseverated in the said judgment that compassionate employment cannot be granted after a lapse of reasonable period as the consideration of such employment is not a vested right which can be exercised at any time in the future. It was further held that the object of compassionate appointment is to enable the family to get over the financial crisis that it faces at the time of the death of sole breadwinner, compassionate appointment cannot be claimed or offered after a significant lapse of time and after the crisis is over.
Gujarat High Court Cites 3 - Cited by 0 - A S Supehia - Full Document

Manepalli Vijayalakshmi vs M/O Railways on 11 January, 2024

Appointment on compassionate ground is never considered to be a right of a dependent of deceased employee. It is a benefit granted to a dependent of 6 OA.No.204/2018 an employee who dies in harness otherwise while in service or are medically incapacitated/decategorised. In the instant case, the deceased employee was removed from service due to a serious misconduct of misappropriation of Government cash and the applicants after a gap of 13 years after the demise of the ex-employee, appealed for compassionate appointment which cannot be treated as immediate succour to the family of a deceased employee. And hence, in view of the judgment of Hon'ble Supreme Court in the case of Chairman, Central Coalfields Ltd., vs. Smt.Parden Oraon, the applicants/dependents of the deceased ex-employee are not entitled for compassionate appointment. In regard to family pension, as the deceased Railway employee was removed from service, his pension and gratuity were forfeited. He had opportunities to agitate the punishment of removal from service to a proper forum which he had failed to submit. Therefore, the order of removal from service is final. Moreover, the 1st applicant's husband had not even preferred an appeal against the order of removal though he had a period of 3 years before his death. For the above stated reasons, the OA is liable to be dismissed being devoid of merit.
Central Administrative Tribunal - Hyderabad Cites 9 - Cited by 0 - Full Document
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