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1 - 10 of 15 (0.28 seconds)Article 16 in Constitution of India [Constitution]
The State Of West Bengal vs Debabrata Tiwari on 3 March, 2023
(i) Considering the object of compassionate appointment, to
provide immediate succour to the family of the deceased
employee who dies in harness, as is spelt out in Umesh
Kumar Nagpal (supra), Nilima Raju Khapekar (supra) and
Debabrata Tiwari (supra), whether the view taken in
Dnyaneshwar Musane (supra) and in other similar matters
as indicated above would be correct?
Smt. Sushma Gosain And Ors. vs Union Of India (Uoi) And Ors. on 25 August, 1989
Sushma Gosain vs. Union of India, reported in (1989) 4 SCC
468].
Haryana State Electricity Board vs Krishna Devi on 19 March, 2002
g) Compassionate appointment cannot be made in the absence of
rules or instructions [see : Haryana State Electricity Board vs.
Krishna Devi, reported in (2002) 10 SCC 246].
M/S Eastern Coalfields Ltd vs Anil Badyakar & Ors on 15 May, 2009
i) An application for compassionate appointment has to be made
immediately upon death/incapacitation and in any case within a
reasonable period thereof or else a presumption could be drawn
that the family of the deceased/incapacitated employee is not in
immediate need of financial assistance. Such appointment not
being a vested right, the right to apply cannot be exercised at any
time in future and it cannot be offered whatever the lapse of time
and after the crisis is over [see : Eastern Coalfields Ltd. vs. Anil
Badyakar, reported in (2009) 13 SCC 112].
Union Of India & Anr vs B. Kishore on 6 April, 2011
k) Indigence of the dependents of the deceased employee is the
first precondition to bring the case under the scheme of
'compassionate appointment'. If the element of indigence and the
need to provide immediate assistance for relief from financial
destitution is taken away from compassionate appointment, it
would turn out to be a reservation in favour of the dependents of
the employee who died while in service which would directly be
in conflict with the ideal of equality guaranteed under Articles 14
and 16 of the Constitution [see : Union of India vs. B. Kishore,
reported in 2011 Mh. L.J. Online (S.C.) 122 = (2011) 13 SCC
131].
I.G. (Karmik) & Ors vs Prahalad Mani Tripathi on 27 April, 2007
1) The idea of compassionate appointment is not to provide for
endless compassion [see : I.G. (Karmik) vs. Prahalad Mani
Tripathi, reported in (2007) 6 SCC 162].
State Of Gujarat & Ors vs Arvindkumar T.Tiwari & Anr on 14 September, 2012
2022-FB-F1.odt
appointment [see : State of Gujarat vs. Arvindkumar T. Tiwari,
reported in (2013) 1 Mah LJ 555 (S.C.) : (2012) 9 SCC 545].
Sanjay Kumar vs State Of Bihar & Anr on 28 January, 2014
o) There cannot be reservation of a vacancy till such time as the
applicant becomes a major after a number of years, unless there
are some specific provisions [see : Sanjay Kumar vs. State of
Bihar, reported in (2000) 7 SCC 192].