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ANANDA SEN
Ram Swaroop Manjhi S/o Late Sanichar Manjhi – Appellant
Versus
Bharat Coking Coal Limited – Respondent
ORDER :
Heard learned counsel for the petitioner and learned counsel for the respondents.
2. Petitioner, in this writ petition, is praying for grant of compassionate appointment, in lieu of death of the mother-in-law, who died in harness. Further, a prayer has been made to set aside the order dated 07.04.2017, whereby the competent authority has dismissed the claim for compassionate appointment of this petitioner.
3. Mother-in-law of this petitioner was a permanent employee of Bharat Coking Coal Ltd., who died in harness on 10.08.2005, leaving behind her husband and wife of this petitioner, being the daughter, who is married. This petitioner being the son-in-law of the deceased, applied for grant of compassionate appointment along with all the documents, but, as no order was passed, he approached this Court by filing W.P.(S) No.3117 of 2016. The said writ petition was disposed of on 28th October, 2016, directing the respondents to consider the case and pass an order on merits and act in accordance with the said order, if the order finds favour to the petitioner.
4. The respondents, considering the case of the petitioner, dismissed the application for grant of compassionate appointment
Compassionate appointment is an exception to the general rule of appointment, and no aspirant has a right to compassionate appointment. Appointment on compassionate ground can only be made on fulfill....
Compassionate appointment is an exception and must be in accordance with constitutional principles. Preference is given to direct dependents over indirect dependents, and financial security of the fa....
The main legal point established in the judgment is that a married daughter would fall within the ambit of a dependent of the deceased under the provisions of the National Coal Wage Agreement VI, Cha....
Indirect dependents, such as a widowed daughter-in-law, are eligible for compassionate appointments under the NCWA if they can demonstrate dependency on the deceased employee.
Compassionate appointment is an exception to the general rule and must adhere to the norms laid down by the State's policy, considering the relevant scheme prevalent on the date of the employee's dem....
Compassionate appointments are an exception to the general recruitment rules and contingent upon strict adherence to governing schemes; eligibility requires eligibility criteria to be met, such as mi....
Compassionate appointment must be within the four corners of the scheme itself and cannot be granted after a long lapse of time.
The court ruled that the mother of a deceased employee qualifies as a dependent for compassionate appointment under the National Coal Wage Agreement, emphasizing a liberal interpretation of dependenc....
(1) Compassionate Appointment – Mere death of an employee in harness does not entitle his family to such source of livelihood. Authority concerned has to examine financial condition of family of the ....
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