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Airports Authority Of India & Ors vs Provash Besai & Another on 14 February, 2025 cites

State Of J&K & Others vs Sajad Ahmed Mir on 17 July, 2006

In Sajad Ahmed (supra) both the respondents had knowledge of rejection of his application for compassionate appointment. However, he kept silent and did not take any action for almost 12 years from the death of his father. The Hon'ble Supreme Court was of the view that once it is proved that in spite of death of bread earner, the family survived and substantial period is over, there is no necessity to say 'goodbye' to normal rule of appointment and to show favour to one at the cost of interests of several others ignoring the mandate of Article 14 of the Constitution.
Supreme Court of India Cites 7 - Cited by 300 - C K Thakker - Full Document

State Of Himachal Pradesh vs Shashi Kumar on 16 January, 2019

In Shashi Kumar (supra) the Hon'ble Supreme Court declined to allow compassionate appointment as the respondent waited for a period in excess of 7 years after Additional Secretary had informed that the amount submitted by way of pension shall be included in the income statement of the family by reason whereof the writ petitioner would not come within the purview of income criteria under the scheme. In fact the scheme envisaged that the family pension received by the dependants of the deceased employee was taken into account which fact was ignored by the High Court. However, in paragraph 36 it is observed:
Supreme Court of India Cites 15 - Cited by 482 - D Y Chandrachud - Full Document

Collector Land Acquisition, Anantnag & ... vs Mst. Katiji & Ors on 19 February, 1987

43. The judiciary is respected not on account of its power to legalize injustice but because it is capable of doing justice and it is expected to do so. [See Collector, Land Acquisition, Anantnag & Anr. Vs. Mst. Katiji & Ors.8 Even, otherwise constitutional courts are duty bound to dispense justice in deserving cases without being desultory with technical objections as technicalities are always to step down and substantive justice must prevail. The resistance to defeat a legal right of a litigant by inviting attention to the many lapses in the procedure adopted by the writ petitioner and lack of promptitude of the litigant, incidentally in this case widow and son of a sweeper, in espousing its cause and expecting the constitutional courts to give importance to such factors overlooking the many glaring faults and breaches of their statutory duties if accepted would give premium to an inexcusable conduct of the employer. It would in effect mean and signify to borrow the expressions from The Pleasures of Philosophy by Will Durant of the proclamation by Thrasymachus of Plato's Republic that "the "unjust" is lord over the truly simple, and 'just' and the 'just' is always loser by comparison". The purpose of the scheme was to rescue the family from mental, physical, emotional and financial distress and to improve the human living condition of the family and this gets defeated due to manifest "unjust" conduct of the AAI. Instead of emotional and financial support and hand holding AAI was in a denial mode.
Supreme Court of India Cites 3 - Cited by 5846 - M P Thakkar - Full Document
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