Search Results Page
Search Results
1 - 10 of 20 (0.54 seconds)Umesh Kumar Nagpal vs State Of Haryana (Sawant, J.) on 4 May, 1994
"6. The policy in question was framed by the
appellant Bank pursuant to the decision of this
Court in Umesh Kumar Nagpal v. State of
Haryana 1 where this Court has said that
appointment by way of compassionate
appointment is an exception carved out of the
general rule for appointment on the basis of open
invitation of application and merit. This exception
was to be resorted to in cases of penury where the
dependants of an employee are left without any
means of livelihood and that unless some source
13
of livelihood was provided a family would not be
able to make both ends meet."
Article 14 in Constitution of India [Constitution]
The Employee's Compensation Act, 1923
I.G. (Karmik) & Ors vs Prahalad Mani Tripathi on 27 April, 2007
In I.G. (Karmik) v. Prahalad Mani Tripathi
this Court observed: (SCC p. 165, paras 6-8)
"6. An employee of a State enjoys a status.
Recruitment of employees of the State is governed
by the rules framed under a statute or the proviso
appended to Article 309 of the Constitution of
India. In the matter of appointment, the State is
obligated to give effect to the constitutional
scheme of equality as adumbrated under Articles
14 and 16 of the Constitution of India. All
appointments, therefore, must conform to the said
constitutional scheme. This Court, however, while
laying emphasis on the said proposition carved out
an exception in favour of the children or other
relatives of the officer who dies or who becomes
incapacitated while rendering services in the
Police Department.
Yogender Pal Singh & Others vs Union Of India & Ors on 23 January, 1987
National Institute Of Technology & Ors vs Niraj Kumar Singh on 2 February, 2007
In National Institute of Technology v. Niraj
Kumar Singh this Court has stated the law in the
following terms: (SCC p. 487, para 16)
`16. All public appointments must be in
consonance with Article 16 of the Constitution of
India. Exceptions carved out therefore are the
cases where appointments are to be given to the
widow or the dependent children of the employee
who died in harness. Such an exception is carved
out with a view to see that the family of the
deceased employee who has died in harness does
not become a destitute. No appointment, therefore,
on compassionate ground can be granted to a
person other than those for whose benefit the
exception has been carved out. Other family
members of the deceased employee would not
derive any benefit thereunder.' "
State Bank Of India & Anr vs Somvir Singh on 13 February, 2007
In State Bank of India v. Somvir Singh this
Court held: (SCC p. 783, para 10)
"10. There is no dispute whatsoever that the
appellant Bank is required to consider the request
for compassionate appointment only in accordance
with the scheme framed by it and no discretion as
such is left with any of the authorities to make
compassionate appointment dehors the scheme. In
our considered opinion the claim for
compassionate appointment and the right, if any, is
traceable only to the scheme, executive
instructions, rules, etc. framed by the employer in
the matter of providing employment on
compassionate grounds. There is no right of
whatsoever nature to claim compassionate
appointment on any ground other than the one, if
15
any, conferred by the employer by way of scheme
or instructions as the case may be."
Mackinnon Mackenzie & Co. Pvt. Ltd vs Ibrahim Mahommed Issak on 14 August, 1969
This Court in Mackinnon Mackenzie and Co. (P) Ltd. v. Ibrahim
Mahmmed Issak [(1969) 2 SCC 607], held:
Gen.Manager,State Bank Of India & Ors vs Anju Jain on 25 August, 2008
Articles 14 and 16 of
the Constitution of India mandate that all eligible candidates should be
considered for appointment in the posts which have fallen vacant.
Appointment on compassionate ground offered to a dependant of a deceased
employee is an exception to the said rule. It is a concession, not a right.
[See General Manager, State Bank of India and Others v. Anju Jain (2008) 8
SCC 475, para 33]