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1 - 10 of 46 (0.46 seconds)Umesh Kumar Nagpal vs State Of Haryana (Sawant, J.) on 4 May, 1994
In Umesh Kumar Nagpal v. State of Haryana this Court has taken note of the object underlying the rules providing for appointment on compassionate grounds and has held that the Government or the public 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 a job is to be offered to the eligible member of the family." (Para 8)
Article 16 in Constitution of India [Constitution]
Lic vs Asha Ramchandra Ambekar on 28 February, 1994
This Court as early as in the decision reported in Life Insurance Corporation of India v. Asha Ramchandra Ambekar (Mrs.) & Anr., JT 1994 (2) SC 183 ; (1994) 2 SCC 718 held that the courts cannot direct appointments on compassionate grounds dehors the provisions of the scheme in force governed by rules/regulations/instructions. If in a given case, the department of the government concerned declines, as a matter of policy, not to deviate from the mandate of the provisions underlying the scheme and refuses to relax the stipulation in respect of ceiling fixed therein, the courts cannot compel the authorities to exercise its jurisdiction in a particular way and that too by relaxing the essential conditions, when no grievance of violation of substantial rights of parties could be held to have been proved, otherwise.
Article 309 in Constitution of India [Constitution]
Shri Hari Chand vs Food Corporation Of India And Others on 14 February, 2001
Such observation is made only in peculiar situation for consideration of concerned authority and shall not be construed as a direction in any manner. While considering such observation, the authorities may also keep in view the judgment of Honble Allahabad High Court in the case of Hari Ram Vs. Food Corporation of India and Ors ( 2009 (6) ADJ 90).
Punjab National Bank & Ors vs Ashwini Kumar Taneja on 16 August, 2004
12) In the case of Punjab National Bank vs. Ashwini Kumar Taneja, (2004) 7 SCC 265, it was observed by the court that:-
Article 12 in Constitution of India [Constitution]
Comptroller And Auditor General ... vs Mohan Lal Mehrotra And Ors on 11 October, 1991
In Comptroller and Auditor General of India and Others Vs. Mohan Lal Mehrota and others (1992) 1 SCC 20), Honble Supreme Court viewed that administrative orders cannot be issued in contravention of the statutory rules, but it could be issued to supplement the statutory rules. Thus although the employment on compassionate ground may not be claimed as a matter of right, but in view of aforementioned Scheme issued vide OM dated 9.10.1998 a bereaved family in immediate need of succour may have legitimate expectation for consideration for such employment as per procedure laid down in para 12 of said OM dated 9.10.1998 amended from time to time.
Director Of Education (Secondary) & Anr vs Pushpendra Kumar & Others on 13 May, 1998
10) This court has observed in Director of Education (Secondary) vs. Pushpendra Kumar, (1998) 5 SCC 192 :-