Search Results Page
Search Results
1 - 8 of 8 (0.27 seconds)Bhawani Prasad Sonkar vs Union Of India & Ors on 11 March, 2011
7. From the records, it is seen that the appellant's father was
suffering from chronic kidney failure and the Competent Medical Board has
declared him medically unfit for all kinds of work. In view of this fact, the
conclusion of the learned Judge that the appellant's father forced the
respondents to medically invalidate him in order to get an appointment to the
appellant on compassionate ground is without any basis. Even the respondents
did not plead that the appellant and his father misused the provisions to get
compassionate appointment to the appellant. Therefore, the judgment reported
in 2011(4) SCC 209 (Bhawani Prasad Sonkar Vs. Union of India and others)
referred to by learned Judge is not applicable to the facts of this case. The
judgments relied on by the learned counsel for the respondents in this appeal
are also not applicable to the facts of the present case.
Article 16 in Constitution of India [Constitution]
Union Of India & Anr vs Shashank Goswami & Anr on 23 May, 2012
?8. It is a settled legal proposition that compassionate
appointment cannot be claimed as a matter of right. It is not simply
another method of recruitment. A claim to be appointed on such a
ground, has to be considered in accordance with the rules, regulations or
administrative instructions governing the subject, taking into
consideration the financial condition of the family of the deceased. Such
a category of employment itself, is an exception to the
constitutional provisions contained in Articles 14 and 16, which
provide that there can be no discrimination in public employment. The
object of compassionate employment is to enable the family of the
deceased to overcome the sudden financial crisis it finds itself
facing, and not to confer any status upon it. (Vide: Union of India & Ors.
v. Shashank Goswami & Anr., AIR 2012 SC 2294). ?
State Of Gujarat & Ors vs Arvindkumar T.Tiwari & Anr on 14 September, 2012
(d) In the case of State of Gujarat and others Vs. Arvindkumar T.
Tiwari and another reported in 2012(9) SCC 545, the Supreme Court has held in
Para 8, which reads as follows:
Mgb Gramin Bank vs Chakrawarti Singh on 7 August, 2013
(e) In the case of MGB Gramin Bank V. Chakrawarti reported in AIR 2013
SCC 3365, the Supreme Court has held in Para 5, which reads as follows :
V. Sivamurthy & Anr vs State Of A.P. & Ors on 12 August, 2008
In V. Sivamurthy V. State of A.P this Court while observing that
although appointment in public service should be made strictly on the basis
of open invitation of applications and comparative merit, having regard to
Articles 14 and 16 of the Constitution, yet appointments on compassionate
grounds are well-recognized exception to the general rule, carved out in the
interest of justice to meet certain contingencies, highlighted the following
two well-recognized contingencies as exceptions to the general rule :(SCC
P.741 , para 18)
Smt. Sita Devi (Dead) By Lrs vs State Of Bihar & Ors on 22 November, 1994
(c) In the case of Mantidevei (dead) through Lrs V. State of Bihar and
others reported in 2014(1) SCC 514, the Supreme Court has held in para 8,
which reads as follows:
1