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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
D.K.SINGH, TARA VITASTA GANJU
Chairman, Life Insurance Corporation of India – Appellant
Versus
G.R. Nithin S/o Late Rajanna – Respondent
JUDGMENT :
TARA VITASTA GANJU, J.
1. The present appeal seeks to challenge an order dated 08.01.2025 in W.P.No.14995/2021 passed by the Learned Single Judge of this Court [hereinafter referred to as the “Impugned Order”]. By the Impugned Order, the petition filed by the respondent has been allowed. The appellants/Life Insurance Corporation of India (hereinafter referred to as the ‘LIC’) has been directed to consider the case for compassionate appointment of the respondent.
2. The brief facts of the case are that the respondent is the son of late Shri Rajanna who was working in the office of the appellants/LIC as an Assistant Administrative Officer. The father of the respondent died while in service on 02.10.2020. On 19.10.2020, the son of the respondent made an application with the appellants/LIC seeking his appointment on compassionate grounds.
2.1. The respondent had relied upon the Clause 21 of the LIC of India, Recruitment (of Class III and Class IV Staff) Instructions, 1993 (hereinafter referred to as ‘the Scheme’) which provides for compassionate appointment, to legal heirs of a deceased employee.
2.2. The application came to be rejected by the appellants/LIC stating that it was n
Compassionate appointment cannot be denied based on pension benefits received by a family member, as it serves to address financial distress of the bereaved.
Compassionate appointment is not a right but a measure to assist families in financial distress, and is contingent on family employment status and compliance with rules.
Family pension is a relevant factor in determining financial hardship for compassionate appointment under the West Bengal Central Service Commission (Selection of Persons for Appointment to the Post ....
Compassionate appointment is a discretionary relief based on the immediate financial needs of the family, requiring a thorough assessment of all income sources and benefits received.
The main legal point established in the judgment is that the provisions under the relevant scheme for compassionate appointment are mandatory in nature, and the subsequent declaration of Govind Praka....
Compassionate appointment is not a vested right and must consider the financial condition of the deceased employee's family, which was not in distress in this case.
Compassionate appointment is an exception to the normal method of recruitment, subject to strict scrutiny of various parameters including the financial position of the family, and is meant to enable ....
The court established that financial benefits received by a deceased employee's family must be assessed against their liabilities to determine eligibility for compassionate appointment.
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