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VAIBHAVI D. NANAVATI
MANISH KANUBHAI CHAVDA – Appellant
Versus
DIRECTOR/GENERAL MANAGER – Respondent
JUDGMENT :
VAIBHAVI D. NANAVATI, J.
1. Heard Mr. Dhruv Thakkar, learned advocate appearing for the petitioner, Mr. Chinmay Gandhi, learned advocate appearing for the respondent no. 1 and Ms. Suman Motla, learned A.G.P. for the respondent no. 2.
2. By way of the present petition, the petitioner herein has prayed for the following reliefs:
(B) A writ of mandamus & or certiorari or a writ in the nature of mandamus & or certiorari or any other appropriate writ, order or direction may kindly be issued directing the respondent authorities to appoint the petitioner on appropriate post permanently till he attains age of superannuation on the ground of compassionate appointment with respondent authority as early as possible with utmost priority in the interest of justice.
(C) Pending admission, hearing and final disposal of this petition, an interim protection may kindly be granted by directing the respondent to give appointment to the petitioner on adhoc basis as per G.R. dated 15.6.2004 in the interest of justice.
(D) Be pleased to expedite the final hearing of this petition.
(E) Pass such other and further orders as may d
Acceptance of monetary compensation under a compassionate appointment scheme precludes further claims for such appointment, as per the applicant's undertaking.
Compassionate appointment is an exception to the general rule and can only be granted based on fulfilling the norms laid down by the State's policy and eligibility criteria. No aspirant has a right t....
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.
Compassionate appointments should consider actual hardships faced by dependants rather than strict adherence to procedural timelines, promoting social justice and support for indigent families.
Compassionate appointment - Government Resolution - Petitioner was 8th standard pass and educational qualification at relevant point of time was 4th standard pass and subsequently he acquired qualifi....
Compassionate appointments must be made promptly following a breadwinner's death; delayed applications undermine their purpose.
Compassionate appointments must be evaluated with a humanitarian approach, especially for minors at the time of the employee's death, and rigid application of time limits is not appropriate.
Compassionate appointment claims must be evaluated under the policies in effect at the time of the employee's demise, not subsequent schemes.
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