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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
SANJEEV SACHDEVA, VINAY SARAF
State Of Madhya Pradesh – Appellant
Versus
Rajesh Kumar Rajak – Respondent
| Table of Content |
|---|
| 1. background of compassionate appointment policy. (Para 3 , 4) |
| 2. arguments on applicability of policy dates. (Para 5 , 6 , 12 , 13) |
| 3. court's evaluation of prior judgments. (Para 7 , 9 , 10) |
| 4. supreme court's established policy application rule. (Para 8 , 11) |
| 5. conclusion and order for compensation payment. (Para 14 , 15 , 16) |
ORDER :
Sanjeev Sachdeva, J.
1. With the consent of parties, the appeal is taken for final disposal.
2. Appellant impugns order dated 20.09.2024 whereby a writ petition filed by the respondent has been disposed of with a direction to the appellant to consider the case of respondent afresh of grant of compassionate appointment.
3. Father of the respondent was working as a Watchman in a work-charge establishment with the appellant/Department. Father of respondent died while in employment on 02.07.2015. Respondent filed an application on 15.09.2016 for grant of compassionate appointment which was rejected on 31.05.2017. Thereafter, respondent filed a writ petition before this Court being WP No.12012/2017 which has now been disposed of on 24.04.2024 directing appellants to decide representation within 90 days. Said representation has also been rejecte
The applicable policy for compassionate appointment is the one in force at the time of the employee's death, not the date of application filing.
The compassionate appointment policy must be applied based on the conditions at the time of the employee's death, not retrospectively.
Compassionate employment is granted on humanitarian grounds and is not a vested right. The policy prevailing at the time of the deceased employee's death is crucial for determining compassionate appo....
Claim for compassionate appointment must be decided only on the basis of relevant scheme prevalent on date of demise of employee and subsequent scheme cannot be looked into.
Compassionate appointment claims are governed by the policy in effect at the time of the employee's death, and subsequent circulars may apply retroactively.
The main legal point established in the judgment is that the policy prevalent at the time of the employee's death is crucial for determining compassionate appointment, and subsequent policies should ....
Eligibility for compassionate appointment is determined by policies in effect at the time of the employee's death; subsequent changes cannot be applied retrospectively.
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