Back
MD. SHABBAR RASHIDI, DEBANGSU BASAK
State of West Bengal – Appellant
Versus
Sarbojit Mukherjee – Respondent
JUDGMENT :
(Debangsu Basak, J.) :
1. The writ petition is directed against order dated July 19, 2022 passed by the learned Administrative Tribunal in OA no. 191 of 2017 directing the State to consider an application for compassionate appointment afresh in light of the notifications governing the field after considering the judgment of the Hon’ble Supreme Court passed in 2022 SCC Online SC 174 (Malaya Nanda Sethy vs. State of Orissa & Ors.)
2. The writ petition is at the behest of the State. Learned senior Government advocate appearing for the writ petitioner submits that, the employee died on July 20, 2006. The employee was survived by his widow and two sons. Petitioner is the youngest son. The widow of the deceased employee made an application for compassionate appointment, albit not informed, on January 30, 2007. The widow did not pursue such application for compassionate appointment. The elder son who was an adult at that point of time, also did not applied for compassionate appointment. Subsequently, in 2010, the private respondent, who is the youngest son of the deceased employee applied for compassionate appointment in 2010. The application for compassionate appointment not bei
The main legal point established in the judgment is that the scheme prevalent at the time of the death of the employee shall be the basis for considering the application for compassionate appointment....
The need for immediacy in providing compassionate appointment and disentitling relief due to undue delay.
Compassionate appointments are not inherent rights, necessitating prompt application to address immediate family financial distress after the death of an employee.
Compassionate appointment denied due to delay, prior refusal indicating no immediate destitution, not a vested right exercisable after years.
Compassionate appointment is granted to meet the sudden crisis on account of the death of the breadwinner while in service, and it is not a vested right that can be exercised at any time in the futur....
The main legal point established in the judgment is that compassionate appointment should be sought with immediacy to mitigate the hardship caused due to the death of the bread earner in the family, ....
Compassionate appointment is a concession, not an absolute right, and should be granted strictly in accordance with the terms and conditions, without diluting the eligibility criteria.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
