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ASHOK KUMAR GAUR, ASHUTOSH KUMAR
Mukesh Kumar Saini – Appellant
Versus
Rajasthan State Warehousing Corporation – Respondent
| Table of Content |
|---|
| 1. claim for compassionate appointment on father's death. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. arguments against appellant's eligibility and disqualifications. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 3. appellant's counsel's submissions challenging the rejection. (Para 21 , 22 , 23 , 24) |
| 4. court's examination of the legality and validity of previous orders. (Para 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50) |
| 5. court orders reconsideration of the compassionate appointment application. (Para 52) |
| 6. conclusion: appeal allowed, orders set aside. (Para 54) |
JUDGMENT :
ASHOK KUMAR GAUR, J.
The instant special appeal has been filed by the appellant (hereinafter ‘the appellant’) feeling aggrieved against order passed by the learned Single Judge dated 24.10.2019, whereby writ petition filed by the appellant seeking compassionate appointment has been dismissed.
2. The facts, in the nutshell, are that the appellant claiming himself to be the eldest son of Late Shri Birdi Chand Saini (father of the appellant), who was serving on the post of Class-IV employee in the Corporation and d
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.
The main legal point established in the judgment is that the scheme prevalent at the time of the death of the employee shall be the basis for considering the application for compassionate appointment....
Point of Law : As more than 30 years have passed since the father of the petitioner/appellant had expired, neither there is any useful purpose to issue any positive direction, nor the facts of the ca....
The main legal point established in the judgment is that the application for compassionate appointment should be reasonable and proximate to the time of the death of the bread earner, and the process....
Compassionate appointments must address financial crises timely, with rules in effect at the time of application guiding decisions; administrative delays cannot negate this entitlement.
Compassionate appointment is not a right but a concession for immediate financial distress following a government employee's death, and cannot be claimed after significant delay.
Compassionate appointments cannot discriminate based on gender; excluding married daughters violates constitutional rights under Articles 14, 15, and 16.
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