In Surya Kant Kadam v. State of Karnataka and Ors., 2001 (2) AWC 1128 (SC) ; AIR 2001 SC 3145, the Apex Court held that in absence of any statutory rules, appointment on compassionate ground can be governed by the executive instructions and in spite of the fact that the said instructions may not have a statutory force, the same are bound to be observed by the employer.
In Surya Kant Kadam v. State of Karnataka and Ors., AIR 2001 SC 3145, the Supreme Court held that in absence of any statutory rules, appointment on compassionate ground can be governed by the executive instructions and in spite of the fact that the said instructions may not have a statutory force, the same are bound to be observed by the employer.
The judgment of the Supreme Court in Surya Kant Kadan [supra] and the judgment of the Division Bench of this Court in the Case of Sanjay Pratap Singh [supra] are distinguishable inasmuch as, in these 'cases the appointment given to the dependant on a particular post was held to be discriminatory and therefore, directed the respondents to appoint the petitioner on another post.
In Surya Kant Kadam v. State of Karnataka and Ors., 2001 (2) AWC 1128 (SC); AIR 2001 SC 3145, the Supreme Court held that in absence of any statutory rules, appointment on compassionate ground can be governed by the executive instructions and in spite of the fact that the said instructions may not have a statutory force, the same are bound to be observed by the employer.
In Surya Kant Kadam v. State of Karnataka and Ors., AIR 2001 SC 3145, the Supreme Court held that in absence of any statutory rules, appointment on compassionate ground can be governed by the executive instructions and in spite of the fact that the said instructions may not have a statutory force, the same are bound to be observed by the employer.
In Surya Kant Kadam v. State of Karnataka and Ors., 2001 (2) AWC 1128 (SC) : AIR 2001 SC 3145, the Supreme Court held that in absence of any statutory rules,
appointment on compassionate ground can be governed by the executive instructions and in spite of the fact that the said instructions may not have a statutory force, the same are bound to be observed by the employer.
In Surya Kant Kadam v. State of Karnataka and Ors. AIR 2001 SC 3145, the Apex Court held that in absence of any statutory rules, appointment on compassionate ground can be governed by the executive instructions and in spite of the fact that the said instructions may not have a statutory force, the same are bound to be observed by the employer.
6. For all the reasons stated above, the order of the tribunal, as affirmed by the High Court in this case, cannot be sustained. The appeal is allowed and the orders of the High Court, affirming the directions issued by the tribunal, are set aside. No costs.
In Surya Kant Kadam V. State of Karnataka & Ors (JT 2001 (3) SC 485), it was again countenanced that appointment on compassionate ground is not governed by any statutory rules but set of administrative instruction and as such is not a right enforceable in the Court of law. Para 2 of said judgment reads as under:-
(v) Surya Kant Kadam v. State of Karnataka (2002) 9 SCC 455 was cited in support of the case that compassionate appointments cannot be made on the basis of executive instructions contrary to rules made under the proviso to Article 309 of the Constitution of India.