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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIRZAR S. DESAI, J
Ramilaben Vitthalbhai Jambu – Appellant
Versus
LIC India – Respondent
| Table of Content |
|---|
| 1. petitioner's request for compassionate appointment (Para 2 , 3) |
| 2. arguments presented by both parties (Para 4 , 5 , 6) |
| 3. court's analysis and observations (Para 7) |
| 4. final order and dismissal of petition (Para 8) |
JUDGMENT :
NIRZAR S. DESAI, J.
1. Heard, learned Advocate, Mr. Vyas, appearing for the petitioner and learned Advocate, Mr. Patel, appearing for the Respondents.
1.1 With the consent of the learned Advocates for the parties, this matter was taken-up for hearing and final disposal, today. Hence, RULE. Learned Advocate, Mr. Patel, waives service for the Respondents.
2. By way of this petition, the petitioner has prayed to quash and set aside the communication / order dated 01.12.2022, whereby, the application of the petitioner for grant of compassionate appointment to her son was rejected as well as the communication / order dated 28.12.2022, whereby, the petitioner’s representation to reconsider the case of her son for compassionate appointment was rejected.
2.1 The petitioner has also sought a direction qua the Respondents to grant compassionate appointment to her son.
3. Brief facts, leading to the filing of the present petition, are that the late husband of t
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.
Compassionate appointment is not a right but a measure to assist families in financial distress, and is contingent on family employment status and compliance with rules.
Compassionate appointment is a discretionary relief based on the immediate financial needs of the family, requiring a thorough assessment of all income sources and benefits received.
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 appointments must be made promptly following a breadwinner's death; delayed applications undermine their purpose.
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 ....
Compassionate appointment is a concession, not a legal right, and requires compliance with specific provisions while emphasizing immediate application to demonstrate need.
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