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SUJIT NARAYAN PRASAD, NAVNEET KUMAR
Steel Authority of India Limited – Appellant
Versus
Gangadhar Pan, son of Late Makhmal Pan – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. The instant writ petition has been filed under Article 226 of the Constitution of India for quashing order dated 09.08.2017 passed by Central Administrative Tribunal, Patna Bench, Patna (Circuit Bench at Ranchi) in O.A./051/00104/2016 whereby and whereunder the original application preferred by the respondent-original applicant was allowed directing the writ petitioner-SAIL to consider the claim of the respondent-original applicant for appointment on compassionate ground treating the death of the father of the respondent-original applicant under ‘medical invalidation’ and further set aside Clause 2.3 of circular dated 25.03.2011 being arbitrary and irrational and anti- employee in the larger interest of justice and equity
2. The brief facts of the case, as per the pleading made in the writ petition, reads as under:
3. The father of the respondent-original applicant was appointed as Assistant Canteen Junior Technician in the Department of Personnel & Administration (Dept. P&A), Meghahatuburu Iron Ore Mines (RMD), Kiriburu, West Singhbhum, Jharkhand. While working as such, the father of the respondent-original applicant was admitted and treated in m
Compassionate appointments are contingent upon the issuance of a medical invalidation certificate, and undertakings provided under employment benefit schemes are binding and cannot be disregarded.
The main legal point established in the judgment is the significance of immediate consideration for Medical Invalidation in cases of Compassionate Appointment, and the obligation of the Authority to ....
Compassionate employment claims should not be denied solely due to the absence of medical invalidation certification if the employee was suffering from a debilitating disease.
The main legal point established in the judgment is the interpretation of the policy regarding compassionate appointment and the applicability of subsequent amendments to the case of the petitioner.
Compassionate appointment must be strictly followed in accordance with the relevant schemes and guidelines, and any deviation from the scheme is not permissible.
Compassionate appointments must be made promptly following a breadwinner's death; delayed applications undermine their purpose.
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