Back
SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
Joginder Kour W/o Late Ajaib Singh – Appellant
Versus
Central Coalfields Limited – Respondent
ORDER :
1. The appellants have challenged the order dated 14th August 2019 passed in WP (S) No. 1515 of 2013 by which their prayer for appointment of the appellant No. 2 on compassionate ground has been declined by the writ Court.
2. The appellant No. 1 is mother of the appellant No. 2 for whose appointment the appellant No. 1 submitted an application in the year 2002, after the death of her elder son in harness on 10th November 2001.
3. The writ Court has held that the scheme of National Coal Wages Agreement (in short ‘NCWA’) does not envisage appointment on compassionate ground to the members of the family, one after another. The writ Court has also observed that the order dated 16th February 2005 by which the application for compassionate appointment of the appellant No. 2 was rejected was not challenged in the writ proceeding.
4. The writ Court held as under:
Compassionate appointment must be within the four corners of the scheme itself and cannot be granted after a long lapse of time.
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 is an exception and a concession, not an absolute right, and should be made strictly in accordance with the rules. It is a means to enable the family of the deceased to get ....
Compassionate appointment is an exception and a concession, not an absolute right, and should be provided only to eligible candidates who can establish the genuineness of their claim.
Compassionate appointment is a concession, not a right, and should be made only for deserving cases within a reasonable period after the death of the employee, in accordance with Articles 14 and 16 o....
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 granted to meet the sudden crisis on account of the death of the breadwinner while in service, and it is not a vested right that can be exercised at any time in the futur....
Compassionate appointment is a concession and not an absolute right, to be provided within a reasonable period of time from the date of death of the deceased employee, in accordance with the State's ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
