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PANKAJ BHANDARI, ANOOP KUMAR DHAND
Union Of India – Appellant
Versus
Manish Yogi – Respondent
JUDGMENT
1. Petitioner has preferred this civil writ petition aggrieved with the order dated 02.12.2021 passed by the Central administrative Tribunal, Jaipur Bench, Jaipur (for short 'the learned Tribunal') in Oa No. 604/2018, whereby the Original application of the respondent-applicant was allowed and the order dated 16.08.2018 passed by the petitioners was quashed and the petitioners were directed to consider the case of the applicant-respondent for compassionate appointment in light of RBE circular dated 30.12.2019, if he is otherwise found fit for appointment on compassionate grounds.
2. It is contended by learned counsel appearing for the petitioners that the RBE circular dated 30.12.2019 could not be given a retrospective effect. It is also contended that order dated 16.08.2018 was passed in furtherance of the RBE circular dated 21.03.2018. It is also contended that if the RBE circular dated 30.12.2019 was given retrospective effect then RBE circular dated 21.03.2018 should also be given retrospective effect and in that case the respondent-applicant was not entitled for compassionate appointment as he was son of second wife of the deceased-railway employee.
3. It is contended by
Delay in application for compassionate appointment can be excusable if adequately explained, especially when the applicant's family faces financial distress, emphasizing the intent to provide immedia....
Compassionate appointment policies prioritize immediate relief for families of deceased employees, and delays must be evaluated in context rather than strictly adhered to, especially when financial d....
Compassionate employment cannot be claimed as a matter of right and should be provided immediately to redeem the family in distress. The court emphasized the need for immediate appointment on compass....
Compassionate appointments must adhere to the eligibility criteria existing at the time of the employee's death, and retrospective application of new rules is not permissible.
Surviving second wife has priority for compassionate appointment over son when first wife predeceased, per Railway circular.
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