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The State Of Maharashtra Thr. Secretary ... vs Smt. Nalutai Ganpatrao Jaunjalkar And ... on 5 August, 2022 cites

Mgb Gramin Bank vs Chakrawarti Singh on 7 August, 2013

In support of her contention, she placed reliance on MGB Gramin Bank Vs. Chakrawarti Singh (2014) 13 SCC 583 wherein in paragraph No.6 it is held by the Hon'ble Apex Court that every appointment to public office must be made by strictly adhering to the mandatory requirements of Articles 14 and 16 of the Constitution. An exception by providing employment on compassionate grounds has been carved out in order to remove the financial constraints on the bereaved family, which has lost its breadearner. Mere death of a government employee in harness does not entitle the family to claim compassionate employment.
Supreme Court of India Cites 8 - Cited by 853 - Full Document

Supriya Suresh Patil @ Sow Supriya ... vs The State Of Maharashtra on 9 May, 2018

In support of his contention he placed reliance on Supriya Suresh Patil Vs. The State of Maharashtra and ors. in Civil Appeal No.5216/2008 along with Special Leave Petition No.4420/2018 wherein the Hon'ble Apex Court held that the main reason for rejecting the case of the appellant was that the family had managed to survive for over ten years and, therefore, there was no immediate necessity. It was observed that this cannot be a major reason for rejection. Whether the family pulled on begging or borrowing also should have been one consideration. It is J.WP.4611.2016.odt 15 held by the Hon'ble Apex Court that in the peculiar facts of the case, the daughter should be considered for compassionate appointment. He further relied upon Smt. Sushma Gosain and ors. Vs. Union of India and ors. AIR 1989 SC 1976 wherein it is held that the purpose of providing appointment on compassionate ground is to mitigate the hardship due to death of the bread earner in the family. Such appointment should, therefore, be provided immediately to redeem the family in distress. It is improper to keep such case pending for years. If there is no suitable post for appointment supernumerary post should be created to accommodate the applicant. He further relied upon the decision of the Aurangabad Bench of this Court in Writ Petition No.8460/2016 (The State of Mah. & ors. Vs. Sanjay Jagannath Viste) decided on 10/08/2016 wherein it is held that it is settled law that the purpose of compassionate appointment is to render succour and immediate relief to a family, for reducing its hardships and to ensure that the unfortunate family would survive through the earnings on account of compassionate appointments. Such policies are introduced by the State Government considering the socio economic structure. Though it is concluded that appointment on compassionate basis is not a right, yet the conduct of the State in depriving eligible candidates by keeping them on the wait list for years would in fact, cause disservice to the family of the deceased employee. It is further held that the Court cannot be a passive onlooker in the face J.WP.4611.2016.odt 16 of the violation of the rights of an individual and natural justice.
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