Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
The legal stance is that compassionate appointment is aimed at immediate relief for the family, not as a perpetual entitlement, and is not automatically transferable upon the death or inability of the original applicant ["2025 Supreme(Online)(Kar) 38375"], ["2024 Supreme(Online)(Pat) 4139"], ["2024 Supreme(Online)(Bom) 291"].
Analysis and Conclusion:
Summary:A wife who did not join on compassionate grounds can, in certain circumstances, have her right transferred or substituted to her son after he becomes major, especially if she is unable to join due to health issues. However, this is subject to strict legal conditions and is generally considered a substitution rather than a transfer of rights, aligned with the principle that compassionate appointment is a concession, not a right ["2025 Supreme(Online)(Kar) 38375"], ["2025 Supreme(Online)(CAT) 11212"].
In the realm of government employment in India, compassionate appointments serve as a vital social security net for families left destitute after the sudden death of a . But what happens when the eligible spouse declines the offer and seeks to pass it to her son after he attains majority? This burning question—whether a wife who did not join can transfer her right to to her son after he has turned —raises critical issues of dependency, , and .
This blog post delves into the legal framework, key precedents, and policy considerations to provide clarity. Note: This is general information based on established laws and cases; it is not personalized legal advice. Consult a qualified lawyer for your specific situation.
schemes aim to offer immediate financial relief to the family of a deceased government servant, preventing penury among dependents like the spouse and minor children. As highlighted in judicial rulings, the core objective is to secure the family's livelihood temporarily, not to confer a 2016 0 Supreme(Guj) 73.
Courts emphasize that these schemes are , not 2022 0 Supreme(Raj) 1147.
The short answer, drawn from consistent precedents: No, there is no automatic transfer. is personal to the eligible dependent at the relevant time and does not extend or bequeath like inheritance.
In Vijaya Ukarda Athor v. State of Maharashtra, even a married daughter lost eligibility post-marriage, underscoring the scheme's focus on acute financial distress 2006 0 Supreme(Raj) 1487. Similarly, reinforced non-discrimination but tied benefits to scheme purpose 2021 0 Supreme(Telangana) 164.
Several rulings illustrate rejections of such transfers:- In a case, after the son turned and passed exams, the mother requested appointment for him as Kanungo, but courts noted: The first appointment accepted would bring compassion to an end as the purpose stands served. Mere compassion and sympathy is not strong enough a crutch to carry supplicant to the next rung in the ladder
TARINDERJEET SINGH Vs STATE OF AND ORS
.- Another instance rejected a son's claim post-mother's eligibility: once mother of the petitioner was offered , her son after becoming , cannot be appointed on her post, merely because the mother has offered the same2017 0 Supreme(Guj) 1793.- In a Neyveli Lignite Corporation matter, preference between widow and stepson hinged on who best serves family needs, with courts directing inquiry rather than automatic transfer 1990 0 Supreme(Mad) 797. The ratio: In cases, the primary consideration is to appoint the person who would provide the needed bread to the family1990 0 Supreme(Mad) 797.Even where mothers withdrew applications to favor sons, delays beyond 5 years led to dismissals, as in UP rules cases 2021 0 Supreme(All) 1111.
Under and 16, policies excluding children or second-marriage offspring face scrutiny if arbitrary 2022 0 Supreme(Raj) 1147 2015 0 Supreme(All) 320. However, restrictions tied to dependency have a to the scheme's goal of immediate relief 2001 0 Supreme(Jhk) 576.
Children from second marriages are legitimate () and may claim family pensions, but this doesn't extend to compassionate jobs post-majority 2022 0 Supreme(Raj) 2312 2022 0 Supreme(Raj) 1147. Policies must balance equity without indefinite extensions.
Cases show mothers sometimes apply then withdraw for sons:- One petitioner’s mother withdrew after 5 years, requesting son’s appointment—rejected for inordinate delay 2021 0 Supreme(All) 1111.- In delay scenarios under Rules, courts stress fair discretion for undue hardship but uphold 5-year limits unless exceptional 2018 0 Supreme(UK) 37. The application for employment must be made within five years from the date of the death of the Government servant, as per 2018 0 Supreme(UK) 37.- to widows often negates penury claims: In view of payment of in favour of widow, elements of penury is not available so to show any compassion2024 0 Supreme(MP) 98.
No post can be reserved for minors attaining majority later; eligibility must align at application time 2016 0 Supreme(Mad) 3565.
Generally, a wife cannot transfer her rights to her son after he turns . The scheme's temporary, dependency-based nature, backed by statutes and precedents like V.R. Tripathi, precludes such extensions 2022 0 Supreme(Raj) 1147. Courts prioritize immediate family relief over deferred claims.
While constitutional principles guard against discrimination, they don't override the scheme's rationale. Families should assess timelines and consult rules specific to the employing authority.
References (select excerpts cited above; full list in original analysis):2016 0 Supreme(Guj) 73 2017 0 Supreme(Raj) 102 2006 0 Supreme(Raj) 1487 2002 0 Supreme(AP) 1103 2001 0 Supreme(Jhk) 576 2022 0 Supreme(Raj) 1147 2021 0 Supreme(Telangana) 164
TARINDERJEET SINGH Vs STATE OF AND ORS
2017 0 Supreme(Guj) 1793 1990 0 Supreme(Mad) 797 2021 0 Supreme(All) 1111 2018 0 Supreme(UK) 37 2024 0 Supreme(MP) 98Stay informed on labor rights—share your thoughts below!
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The rules are indicative of the fact that the appointment on compassionate grounds would be considered, of the major son, unmarried daughter, who satisfies the qualification of appointment. Unmarried daughter is not the issue in the case at hand. The major son is the petitioner. ... The issue now is whether the petitioner would be entitled to be considered for appointment on compassionate grounds or otherwise. The right#HL....
When the petitioner turned major and passed B.A Part-I examination, his mother made a request to the Deputy Commissioner, Jalandhar for ex gratia appointment for her son as Kanungo. ... The first appointment accepted would bring compassion to an end as the purpose stands served. Mere compassion and sympathy is not strong enough a crutch to carry supplicant to the next rung in the ladder. ... His father was a Head Constable in Punjab Police....
In view of payment of family pension in favour of widow, elements of penury is not available so to show any compassion while issuing a direction to grant of compassionate appointment. 13. ... This petition is filed seeking compassionate appointment representing petitioner to be the adopted son of late Praveen Kumar Masurkar who was working in Water Resources Department. 2. ... Thus, after clearing the clouds that on the strength of succession certificate, compassionate appointment is #....
The request of the applicant herein is not to transfer appointment to him, but his request is to substitute his candidature in place on his mother, who is not able to join service due to ill health and old age. ... Gaurav Jaswal has attained the age of majority, she may be confirmed whether her son can be given compassionate appointment in her place or whether she needs to initiate case for compassionate appointment#HL_END....
Petitioner is insisting that he has a right to be kept posted at Delhi and unfortunately his wife being a lawyer is not understanding the fact that nobody has a vested right to seek a posting at a particular place. ... The respondents are further willing to transfer the petitioner to a B-1 city where his wife can join him but since the wife is a lawyer at Delhi we can understand her desire to be at Delhi. ... Whether t....
It will not be possible for this Court, however, to ascertain whether the appointment given to the son would meet the need of the family or the appointment given to the widow would serve the need of the family. ... It will also not be possible for this Court to find out whether there was a free consent of the petitioner when the third respondent applied for appointment on compassionate grounds. ... The petitioner applied for appointment#HL_....
right. ... The son of the petitioner did not join the post as offered even thereafter. ... Whether the judgment should be reported in the Digest? ... Once the son of the petitioner was offered an appointment, which he did not accept, the immediate need for 2. To be referred to the Reporters or not?
From the impugned order, it is not clear, as to whether, the petitioner herself and her first daughter who were major at the time of death of the deceased employee, had denied their willingness in absence of any evidence regarding the fact whether they required any appointment having entitled on the ... Under compelling circumstances, the petitioner could not file application for her appointment on compassionate ground and her major daughter was als....
In the same representation, she sought transfer of the benefit in favour of her son. ... The wife (petitioner No. 2) of the deceased made an application on plain paper seeking compassionate appointment of her son (petitioner No.1). 6. ... to whether a case for the grant of compassionate appointment has been made out for consideration.” ... Compassionate appointment is not a source of recruitment, but an exception carved out to addr....
The sole point involved in the present OA is whether the applicant is entitled to get her name replaced for compassionate ground in place of her brother for compassionate appointment, who had been offered engagement but did not join. 9. ... Admittedly, the applicant‟s father died in harness on 31.12.2015, leaving behind his wife, son and daughter. ... The respondents are directed to consider the case of the applicant for appointment on compassionate grounds, on its ow....
He submits that though the mother of the petitioner was entitled to the compassionate appointment, she did not pursue her claim, and on 4.11.2019 she withdrew her application with the request to grant compassionate appointment to her son. Accordingly, he submits that there is an inordinate delay in submitting the application for the compassionate appointment, and the relief claimed can not be allowed at this stage. Thus, he submits that the writ petition is devoid of merit and deserves to be dismissed.
From the conduct of the wife, it appears, she purported to preserve the right to obtain compassionate appointment in favour of her son. We, accordingly, admit the appeal and stay the impugned order until disposal of the appeal. Whether such a case comes within undue hardship contained in proviso to Sub Rule (1) of Rule 5 of the applicable Rules, is the legal question to be decided, which appears to have not been addressed, while the judgment and order under appeal was rendered.
7. Learned A.G.P., Mr. Soni has submitted that once mother of the petitioner was offered compassionate appointment, her son after becoming major, cannot be appointed on her post, merely because the mother has offered the same.
It is also contended that documents pertaining to the petitioner working as an artist and doing translation job on payment of money was also produced before the Court below and the impugned order does not suffer from any irregularity or illegality. She has to look-after herself and her son who has become major who is still dependent on her as he has no source of income.
The said application was rejected on the ground that her son secured only 43 marks and as such, it is not possible to give her son, employment assistance on compassionate grounds. The said order was challenged before the Central Administrative Tribunal, which found that the petitioner's son had secured 43 marks only and as such, her son was rightly denied compassionate appointment. Wife submitted an application for compassionate appointment to her son. 17. In K. Nalini v. The Registrar, Central Administrative Tribunal, an employee died on 26th October 2005, while in service....
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