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1 - 10 of 19 (1.90 seconds)Article 14 in Constitution of India [Constitution]
Umesh Kumar Nagpal vs State Of Haryana (Sawant, J.) on 4 May, 1994
(Umesh Kumar Nagpal v. State of Haryana ; SAIL2;
GM, (D&PB) v. Kunti Tiwary ; Punjab National Bank v. Ashwini
Kumar Taneja ). No appointment can, therefore, be made on
compassionate grounds to a person other than those for whose
benefit the exception has been carved out.
Punjab National Bank & Ors vs Ashwini Kumar Taneja on 16 August, 2004
(Umesh Kumar Nagpal v. State of Haryana ; SAIL2;
GM, (D&PB) v. Kunti Tiwary ; Punjab National Bank v. Ashwini
Kumar Taneja ). No appointment can, therefore, be made on
compassionate grounds to a person other than those for whose
benefit the exception has been carved out.
National Institute Of Technology & Ors vs Niraj Kumar Singh on 2 February, 2007
(SAIL2; Mohan Mahto3;
National Institute of Technology v. Niraj Kumar Singh ).
Union Of India & Anr vs Shashank Goswami & Anr on 23 May, 2012
Appointment on compassionate grounds, offered to a
dependant of a deceased employee, is an exception to the mandate
of Articles 14 and 16 of the Constitution of India that all eligible
candidates should be considered for appointment to the posts
which have fallen vacant. It is a concession, and cannot be claimed
as a matter of right. It must be provided for in the rules. (SBI v.
Anju Jain ; SAIL2; Union of India v. Shashank Goswami ; State
of U.P. v. Pankaj Kumar Vishnoi ). As it is not simply another
method of recruitment, compassionate appointment cannot be
claimed as a matter of right. Such a category of employment is,
itself, an exception to the constitutional provisions, contained in
Articles 14 and 16, which prohibit discrimination in public
employment. 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.
State Of U.P.& Ors vs Pankaj Kumar Vishnoi on 25 July, 2013
Appointment on compassionate grounds, offered to a
dependant of a deceased employee, is an exception to the mandate
of Articles 14 and 16 of the Constitution of India that all eligible
candidates should be considered for appointment to the posts
which have fallen vacant. It is a concession, and cannot be claimed
as a matter of right. It must be provided for in the rules. (SBI v.
Anju Jain ; SAIL2; Union of India v. Shashank Goswami ; State
of U.P. v. Pankaj Kumar Vishnoi ). As it is not simply another
method of recruitment, compassionate appointment cannot be
claimed as a matter of right. Such a category of employment is,
itself, an exception to the constitutional provisions, contained in
Articles 14 and 16, which prohibit discrimination in public
employment. 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.
State Of Gujarat & Ors vs Arvindkumar T.Tiwari & Anr on 14 September, 2012
(Shashank
Goswami10; State of Gujarat v. Arvindkumar T. Tiwari ).
Bhawani Prasad Sonkar vs Union Of India & Ors on 11 March, 2011
A provision for compassionate appointment, which enables
appointment being made otherwise than by the prescribed method
of appointment to public services, is in the nature of an exception,
and can neither subsume the main provision to which it is an
exception, nor can it nullify the main provision by completely
taking away the right conferred by the main provision. Care has,
therefore, to be taken that a provision, for grant of compassionate
employment, does not unduly interfere with the right of others,
who are eligible for appointment, to seek employment against the
post which would have been available to them, but for the
provision enabling appointment being made on compassionate
grounds. (Pushpendra Kumar1). The concept of compassionate
appointment is an exception carved out in the interest of justice,
by way of a policy of the employer which partakes the character of
service rules. That being so, the scheme or the policy, as the case
may be, is binding both on the employer and the employee. Being
an exception, the scheme has to be strictly construed and confined
only to the purpose it seeks to achieve. (Bhawani Prasad Sonkar
v. Union of India ).
The Chief Commissioner Central Excise & ... vs Prabhat Singh & Another on 9 August, 2011
(CCE & Customs v.
Prabhat Singh ). Compassionate appointment can neither be
claimed, nor be granted, unless the rules governing the service
permit such appointments. Such appointment should be made
strictly in accordance with the scheme governing such
appointment, and against existing vacancies.