SANJAY K. AGRAWAL
Mahendra Kumar, S/o. Shri Gyan Singh Gond – Appellant
Versus
State of Chhattisgarh, through the Secretary, Water Resources Department – Respondent
ORDER :
Sanjay K. Agrawal, J.
1. The short question involved in this writ petition is, whether the competent authority has rightly rejected the application for compassionate appointment on the ground that the petitioner’s father is getting pension of Rs.4,100/- / Rs.4,466/- per month?
2. This question arises in the following factual backdrop: -
3. The petitioner’s mother namely, Smt. Godavari Bai died in harness while working as Labour leading to making of application by the petitioner for grant of compassionate appointment which was rejected on 20-6-2012 by the Chief Engineer, Mahanadi Godavari Kachhar, Water Resources Department, Raipur, holding that the petitioner’s father is alive and getting pension, therefore, the petitioner is not entitled for compassionate appointment. The petitioner questioned the order dated 20-6-2012 before this Court in WPS No.4966/2012 in which a coordinate Bench of this Court by order dated 18-12-2015, set aside / quashed the order dated 20-6-2012 and directed to decide the claim of the petitioner afresh for compassionate appointment in accordance with rules and also keeping in view the financial cap fixed by the State for consideration of compassionate a
Govind Prakash Verma v. Life Insurance Corporation of India and others
Balbir Kaur and another v. Steel Authority of India Ltd. and others
Family pension should not be included in the income calculation for compassionate appointment, as established by Supreme Court precedents.
Compassionate appointment is not a vested right – If scheme requires that family pension must be taken into account in evaluating merits of an application, it has to be followed.
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 ....
The eligibility for compassionate appointment requires that the total family income must be less than 60% of the deceased’s last drawn salary, excluding independent family members' incomes.
Compassionate appointment cannot be denied based on pension benefits received by a family member, as it serves to address financial distress of the bereaved.
The policy for compassionate appointment must evaluate criteria based on circumstances at the time of the employee's death, not subsequent income limits.
Family pension should not be included in financial assessments for compassionate appointments, as it does not represent actual financial hardship.
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.
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 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 ....
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