Search Results Page

Search Results

1 - 3 of 3 (0.28 seconds)
Smt. Geeta Wd/O Ramchandra Dhurvey And ... vs Director (Pers), Western Coalfields ... on 21 February, 2019 cites

M/S. Hajee S.V.M. Mohamed Jamaludeen ... vs The Government Of Tamil Nadu on 24 February, 1997

"6. Having regard to the submissions made by the learned counsel for both parties, the only question that crops up for our consideration is whether under the memorandum of agreement it is permissible for a dependant of the deceased to claim an appointment on compassionate ground, even when some other dependant of the deceased is already in service. Be it stated that the memorandum of agreement in question is not a statutory scheme and therefore would be unenforceable in an application under Article 226 of the Constitution of India. The memorandum of agreement for appointment on compassionate ground had been evolved by the employer so that on the sudden death of an employee his dependants would not be on the road as destitutes and can maintain themselves if an appointment is given to any one of the dependants of the deceased. Such a Scheme cannot at all be conceived if some other dependant of the deceased is already in service. The very purpose for which such Scheme had been evolved would get frustrated if a claim on priority basis is made by a dependant of the deceased notwithstanding the fact that the other dependant of the deceased is already in service. In this view of t he matter, we are unable to sustain the decision of the Patna High Court in the impugned judgments. It may be stated that a Bench of this Court has already taken a similar view 1 (1998) 9 SCC 485 : 1998 SCC (L&S) 1231 in the case of S. Mohan v. Govt. of T.N. 1 with which we have our respectful concurrence."
Supreme Court of India Cites 10 - Cited by 83 - Full Document
1