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IN THE HIGH COURT OF JUDICATURE AT PATNA
P.B.Bajanthri, Sunil Dutta Mishra
Md. Shamshad Alam, Son of Late Mahmood Alam – Appellant
Versus
State of Bihar through the Principal Secretary, General Administration Department – Respondent
| Table of Content |
|---|
| 1. overview of the case context and history. (Para 1 , 3) |
| 2. appellant's background and previous actions. (Para 2) |
| 3. appellant's assertion of right to compassionate appointment. (Para 4) |
| 4. arguments regarding compassionate appointment and legal obligations. (Para 5) |
| 5. criteria and limitations for compassionate appointment. (Para 6) |
| 6. court's dismissal of the appeal based on delay. (Para 7) |
| 7. final ruling on belated claims for compassionate appointment. (Para 8) |
JUDGMENT :
P. B. BAJANTHRI, J.
Appellant has assailed the order of the learned Single Judge dated 26.08.2022 passed in CWJC No. 17804 of 2019.
2. Appellant's father who was a Daftary in the Office of Superintendent of Police, Purnia died in harness on 29.12.1991. As on the date of his father's death, he was minor and aged about ten years. It is learnt that he had filed an application for compassionate appointment as and when he attains major in the year, 1999. Thereafter, there was inaction on the part of the respondents and, resultantly, he was pursuing the matter and ultimately he has knocked the doors of this Court in filing CWJC No. 15697 of 2011 and it was disposed of on 14.11.2013 with certain directions. Fo
Compassionate appointment cannot be claimed as a fundamental right and must adhere to statutory guidelines and time limits, with no inheritable claims.
Compassionate appointment is a concession, not a legal right, and requires compliance with specific provisions while emphasizing immediate application to demonstrate need.
Point of Law : As more than 30 years have passed since the father of the petitioner/appellant had expired, neither there is any useful purpose to issue any positive direction, nor the facts of the ca....
Compassionate appointment must adhere to the prescribed regulations, and the purpose is to provide immediate financial assistance to the family of the deceased employee.
Compassionate appointment is an exception to the general rule and is meant to provide immediate help to the family of the deceased breadwinner. Appointment on compassionate ground is a concession and....
Compassionate appointment is a concession and not a right, and should be strictly implemented in accordance with the prevailing rules and parameters.
The need for immediacy in providing compassionate appointment and disentitling relief due to undue delay.
Grant of compassionate appointment - Purpose of compassionate grounds appointments to tide over sudden crisis resulting from death of earner in a family. However reservation of a vacancy to enable su....
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