AI Overview...
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Compassionate Appointment - Illegality and Penury: The case highlights that compassionate appointments are scrutinized for legality; if the family was not in genuine penury or the appointment was made without proper qualification, such appointments are considered void ab initio. In one instance, the family’s financial status and the deceased mother’s role were examined, and the appointment was deemed illegal due to lack of proper qualification and deliberate negligence by authorities NIDHI JAIN VS STATE OF U. P. - Allahabad.
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Service Records and Legality: The importance of maintaining accurate service records is emphasized, especially for judicial officers and government employees. Irresponsible statements or illegal appointments, if unchallenged, can undermine service integrity. The appointment of officers not challenged in court and whose records are intact remains valid unless challenged on legal grounds Rajiv Ranjan Singh ‘Lalan’ VS Union of India - Crimes, Rajiv Ranjan Singh Lalan VS Union of India - Supreme Court.
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Departmental Enquiries and Pension Regulations: Post-retirement conduct and misconduct are governed by Civil Service Regulations, which specify that dismissed or removed officers cannot receive pension but may be granted compassionate allowances under special considerations. Proper departmental enquiry ensures accountability RAM BABU SAHU VS STATE OF U. P. - Allahabad.
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Appointment Procedures and Legal Challenges: Cases involving annulment of selections or appointments often result in judicial quashing of illegal orders, reaffirming that appointments made without proper legal basis or through flawed procedures are liable to be invalidated. The legality of appointments and associated benefits depend on adherence to prescribed procedures and qualifications Samrah Ahmad VS State of U. P. - Allahabad.
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State Action and Appointment Regulations: Appointments in specific sectors like temple administration or Devaswom services are regulated by statutory provisions and require selection from a qualified list provided by the Public Service Commission, ensuring transparency and legality Indian Young Lawyers Association VS State of Kerala - Supreme Court.
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Privacy and Information Shielding: The right to privacy, including controlling access to personal information, acts as a shield against unwarranted disclosures, especially in sensitive appointments or judicial considerations. Service providers and authorities must act responsibly to protect individual privacy rights JUSTICE K.S.PUTTASWAMY(RETD) vs UNION OF INDIA - Supreme Court.
Analysis and Conclusion:
The overarching theme indicates that fraudulent or illegal compassionate appointments, especially those made without proper qualification or in violation of regulations, are ultimately deemed void. Authorities’ negligence or deliberate illegality can invalidate appointments regardless of long service tenure. The legal system emphasizes adherence to established procedures, proper record maintenance, and safeguarding individual privacy rights. No shield exists for fraudulent or illegitimate appointments after 27 years of service, and such appointments are subject to legal scrutiny and potential nullification.
Search Results for "27 Years of Service no Shield for Fraudulent Compassionate Appointment"
2012 0 Supreme(All) 616 • India - Allahabad
SUDHIR AGARWAL
who was not the sole bread-earner—The father was in Government Service at the time when petitioner claimed compassionate appointment—Not ... Appointment—Compassionate appointment—Illegality—Assistant Teacher—Family could not be said to suffer penury due to death of mother ... possess training qualification—Appointment void ab initio—Negligence or illegality on the part of DBEO was deliberate and intentional—He ... Later on some complaint was made that in a f....
2012 0 Supreme(All) 425 • India - Allahabad
SUNIL AMBWANI, MANOJ MISRA
Civil Service Regulations—Article 351-A—Departmental enquiry—Conversion of—After retirement—Petitioner alleged to have committed ... Article 353 lays down that no pension shall be granted to an officer dismissed or removed from service for misconduct, insolvency or inefficiency, but compassionate allowance may be granted on special consideration. ... Thereafter he ensured that the establishment clerk of his office was engaged in dispatching the appointment letters. Purchase of stamps and the posting of the appo....
• India - Crimes
K.G.BALAKRISHNAN, A.R.LAKSHMANAN, S.H.KAPADIA
Their service records are as important as the service records of members of the trial court or the judicial officers. ... be dismissed as the petitioners have made irresponsible statements against judicial officers and members of the Tribunal whose service ... The appointment of this Officer is not challenged by the petitioners and no pleadings also made in the main Writ Petition. ... Their service records are as important as the service records of members of the trial court or the jud....
2024 0 Supreme(All) 1365 • India - Allahabad
AJIT KUMAR
289) ... ... Facts of the case: ... The case involved multiple writ petitions challenging the annulment of selections and appointments ... , 365, 366) ... ... Result: The orders impugned dated 02.03.2020 are quashed, and the appointments ... His application for grant of appointment on compassionate ground was rejected by the Joint Director of Education. He did not question the legality or validity thereof. ... consequential benefits arising out of continuity in service from the date of such back-da....
2006 6 Supreme 614 • India - Supreme Court
K.G.BALAKRISHNAN, A.R.LAKSHMANAN, S.H.KAPADIA
Their service records are as important as the service records of members of the trial court or the judicial officers. ... be dismissed as the petitioners have made irresponsible statements against judicial officers and members of the Tribunal whose service ... The appointment of this Officer is not challenged by the petitioners and no pleadings also made in the main Writ Petition. ... Their service records are as important as the service records of members of the trial court or the jud....
2018 0 Supreme(SC) 959 • India - Supreme Court
DIPAK MISRA, A. M. KHANWILKAR, ROHINTON FALI NARIMAN, D. Y. CHANDRACHUD, INDU MALHOTRA
of State action under Articles 25 and 26 on the administration, control and management of the affairs of temples, including the appointment ... (Para 26, 27) ... (1925) 27 Bom LR 1064; ( ... The petitioners have also referred to Section 29A of the said Act which stipulates that all appointments of officers and employees in the Devaswom Administrative Service of the Board shall be made from a select list of candidates furnished by the Kerala Public Service Commission. ... The State ho....
2017 0 Supreme(SC) 772 • India - Supreme Court
JAGDISH SINGH KHEHAR, J. CHELAMESWAR, S. A. BOBDE, R. K. AGRAWAL, ROHINTON FALI NARIMAN, A. M. SAPRE, D. Y. CHANDRACHUD, SANJAY KISHAN KAUL, S. ABDUL NAZEER
(2016) 5 SCC 1] dealt with privacy issues involved if disclosures were made about a candidate under consideration for appointment as a Judge of the Supreme Court or High Court.
2017 Supreme(Online)(SC) 1438 • India - Supreme Court of India
HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE A.K. SIKRI, HON'BLE MR. JUSTICE A.M. KHANWILKAR, HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE ASHOK BHUSHAN
provided by a service provider. ... There is nothing wrong in individuals limiting access and their ability to shield from unwanted access. ... One of the purposes of constraining governmental power was to shield the fundamental freedoms against legislative majorities. ... Informational control empowers the individual to use privacy as a shield to retain personal control over information pertaining to the person. ... This Court is of the opinion that the service provider has to act as a responsible agen....
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