1998 Supreme(SC) 844

SUPREME COURT OF INIDA
MANAGING DIRECTOR,a. P. STATE ROAD TRANSPORT CORPORATION
Versus
B. BANGARAMMA
Decided on : August 21, 1998

Courts shall not direct the employer to create a new post and appoint kith and kin of the ex-employee on compassionate grounds.

Headnote:

Compassionate Grounds - Employment - Court disallows direction to create new post and appoint ex-employee's relative - Court allows appeal and sets aside High Court's judgment

Fact of the Case:

The court found that the High Court erred in directing the appellants to create a new post and appoint the respondent on compassionate grounds.

Finding of the Court:

The court allowed the appeal and set aside the impugned judgment and order of the High Court, stating that the courts shall not direct the employer to create a new post and appoint kith and kin of the ex-employee on compassionate grounds.

Issues: The issue was whether the High Court's direction to create a new post and appoint the respondent on compassionate grounds was appropriate.

Ratio Decidendi: The court held that ordinarily the courts shall not direct the employer to create a new post and appoint kith and kin of the ex-employee on compassionate grounds.

Final Decision: The court allowed the appeal, set aside the High Court's judgment, and stated that it would be open to the appellants to accommodate the respondent if there is any vacant post and it is otherwise possible to do so.