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JYOTI SINGH
Ashwani Kumar – Appellant
Versus
Indian Oil Corporation Limited – Respondent
JUDGMENT
Jyoti Singh, J. (Oral)
1. Present writ petition has been filed by the Petitioner seeking the following reliefs:
"I. To pass appropriate order, direction or writ in nature certiorari to quash and set aside letter/communication of respondent No. 3 dated 28.03.2018 and that of her predecessor dated 20.11.2015.
II. To pass appropriate order, direction or writ in nature of mandamus to direct the restoration of the Appointment Letter dated 04.06.2014 with retrospective effect.
III. To pass appropriate order, direction or writ in nature of mandamus commanding the respondent to allow the petitioner to join his duties in accordance with the Appointment letter dated 04.06.2014.
IV. Cost of the petition."
2. Facts to the extent relevant and as averred in the writ petition are that Petitioner's father, late Shri M.C. Upadhyay, died on 17.06.2011, while serving Respondent No.1/Indian Oil Corporation Ltd. (hereinafter referred to as `IOCL'). Petitioner acquired a B.Tech. degree in Computer Sciences and his mother applied for his appointment on 08.08.2011 under `Scheme For Rehabilitation of The Family of The Officer Dying while in Service' read with Modification in the said Scheme (hereinaf
The main legal point established is that the appointment was subject to medical fitness, and the court could not substitute the opinion of the Medical Board. The court also highlighted the limitation....
Appointment on compassionate ground is provided out of pure humanitarian consideration taking into consideration fact that some source of livelihood is provided and family would be able to make both ....
The rejection of a compassionate appointment must be fair, reasonable, and based on relevant considerations, and cannot be based on flimsy or illegal grounds.
Compassionate appointment is an exception and a concession, not a right, and should be made strictly in accordance with the rules. Long delays can lead to the rejection of compassionate appointments.
Point of law: compassionate appointment could not be denied on the ground that family benefit scheme was available, in as much as it was not a substitute for compassionate appointment, directed the r....
Compassionate appointments are not a matter of right and depend on the availability of vacancies; once an appointment is accepted, further claims for higher positions are not permissible.
Compassionate appointments should consider actual hardships faced by dependants rather than strict adherence to procedural timelines, promoting social justice and support for indigent families.
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