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1 - 10 of 12 (0.24 seconds)Article 16 in Constitution of India [Constitution]
Central Bank Of India vs Nitin on 3 August, 2022
11. Even in yet another recent judgment of the Hon'ble Supreme Court
in the case of CENTRAL BANK OF INDIA vs. NITIN reported in [2022
LiveLaw (SC) 690] , wherein in paragraphs 20 and 21, it has been held as
under:-
The State Of Maharashtra Throu The ... vs Ms Madhuri Maruti Vidhate @ Smt. Madhuri ... on 7 January, 2019
“5. While considering the issue involved in the present
appeal, the law laid down by this Court on compassionate
ground on the death of the deceased employee are required
to be referred to and considered.
The Director Of Treasuries In Karnataka vs V. Somyashree on 13 September, 2021
In the recent decision, this
Court in the case of Director of Treasuries in Karnataka
and Anr. Vs. V. Somyashree, 2021 SCC Online SC 704, had
occasion to consider the principle governing the grant of
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W.P.No.16590 of 2018
appointment on compassionate ground.
N.C. Santhosh vs The State Of Karnataka on 4 March, 2020
6. As per the law laid down by this Court in catena of
decisions on the appointment on compassionate ground, for
all the government vacancies equal opportunity should be
provided to all aspirants as mandated under Articles 14 and
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W.P.No.16590 of 2018
16 of the Constitution. However, appointment on
compassionate ground offered to a dependent of a deceased
employee is an exception to the said norms. The
compassionate ground is a concession and not a right.
6.1 .
Union Of India vs Amrita Sinha on 11 December, 2021
9. Even to ascertain the indigent circumstances, the pensionary
benefits are also to be taken into consideration. The Supreme Court of India
in the case of Union of India and others Vs. Amrita Sinha in
C.A.No.7640 –7641 of 2021 dated 11.12.2021 (2021 15 Scale 174) held in
Paragraph No.10 as follows :
Mumtaz Yunus Mulani vs State Of Maharashtra & Ors on 14 March, 2008
7. Thus, as per the law laid down by this Court in the
aforesaid decisions, compassionate appointment is an
exception to the general rule of appointment in the public
services and is in favour of the dependents of a deceased
dying in harness and leaving his family in penury and
without any means of livelihood, and in such cases, out of
pure humanitarian consideration taking into consideration
the fact that unless some source of livelihood is provided, the
family would not be able to make both ends meet, a provision
is made in the rules to provide gainful employment to one of
the dependants of the deceased who may be eligible for such
employment. The whole object of granting compassionate
employment is, thus, to enable the family to tide over the
sudden crisis. The object is not to give such family a post
much less a post held by the deceased.
Fertilizers And Chemicals Travancore ... vs Anusree K.B. on 30 September, 2022
9.1. Applying the law laid down by this Court in the
aforesaid decisions to the facts of the case on hand and
considering the observations made hereinabove and the
object and purpose for which the appointment on
compassionate ground is provided, the respondent shall
not be entitled to the appointment on compassionate
ground on the death of her father, who died in the year
1995. After a period of 24 years from the death of the
deceased employee, the respondent shall not be entitled to
the appointment on compassionate ground. If such an
appointment is made now and/or after a period of 14/24
years, the same shall be against the object and purpose for
which the appointment on compassionate ground is
provided.”
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