AI Overview...
-
Compassionate Appointment Limitations - Such appointments are restricted to 3% of the sanctioned strength of a cadre; exceeding this limit renders the claim inadmissible Navin Kumar Saksena VS State of Bihar - Patna.
-
Non-Entitlement in Specific Cases - Courts have rejected claims for compassionate appointment based on statutory provisions, policy decisions, or lack of eligibility, such as cases involving elder brother's employment, or where applications were denied due to ineligibility or procedural issues Sudhkar Laxmanrao Jadhav VS Union of India and others - Bombay.
-
No Automatic Right - Compassionate appointment is not a matter of right; it is granted to meet exigencies arising from the death or serious illness of an employee, but subject to eligibility, procedural compliance, and policy limits Nirmal Rana VS State of Jharkhand - Jharkhand.
-
Cadre and Post Restrictions - Once appointed on a particular cadre or post (e.g., Class-IV), subsequent changes or promotions to higher classes (e.g., Class-III) are not permissible if contrary to circulars or policy guidelines Nirmal Rana S/o Late Shiweshdhar Rana VS State of Jharkhand - Jharkhand.
-
Eligibility Criteria and Policy - The validity of compassionate appointments depends on adherence to eligibility criteria, applicable government policies, and specific conditions such as the timing of application and the nature of the post sought Maulik Bharatbhai Mandir VS State of Gujarat - Gujarat.
-
No Vested Right - Compassionate appointment is a concession, not a vested right; applicants cannot claim it as an automatic entitlement, and illegal or unqualified appointments are invalid COMMITTEE OF MANAGEMENT, LATE Pt. LAXMI CHAND PALIWAL INTER COLLEGE, HAMIRPUR VS STATE OF UTTAR PRADESH - Allahabad.
-
Case-Specific Decisions - Courts have emphasized that each case must be examined on its merits, considering statutory provisions, policy directives, and procedural compliance; in some cases, appointments have been denied due to procedural lapses or exceeding permissible limits Brijesh Kumar Bhoi S/o Shri Balulal Bhai VS State of Rajasthan through, the District Collector, Banswara (Raj. ) - Rajasthan, COMMITTEE OF MANAGEMENT LATE PT LAXMI CHAND PALIWAL INTER COLLEGE HAMIRPUR VS STATE OF U P - Allahabad.
Analysis and Conclusion:
Compassionate appointment can be granted for Class-III posts under specific conditions, primarily when the applicant is eligible, within the prescribed quota (3%), and in accordance with applicable policies and circulars. However, it is not a matter of right, and claims exceeding the quota, involving procedural violations, or contrary to policy are likely to be rejected. Each case requires careful examination of eligibility, policy adherence, and the circumstances of the applicant.
Search Results for "Compassionate Appointment can be Granted on Class 3"
2023 0 Supreme(Pat) 1060 • India - Patna
MOHIT KUMAR SHAH
, petitioner cannot be granted compassionate employment inasmuch as 3% limit has already stood exceeded – Death-cum-retiral dues ... Service Law – Compassionate appointment – Respondent-Court has taken a policy decision to make compassionate ... employment, restricted to 3% of sanctioned strength of cadre in which such appointment is being considered – Since sanctioned strength ... , hence as far as the present case is concerned, since the sanctioned....
1998 0 Supreme(Bom) 581 • India - Bombay
A.D.MANE, R.J.KOCHAR
Compassionate Appointment - Statutory Provisions - The court rejected the petitioner's claim for compassionate appointment based ... appointment on compassionate grounds due to his elder brother's employment. ... The petitioner's mother's application for compassionate appointment was denied, and the petitioner's own application was rejected ... She was however, informed that her claim cannot be granted. Thereafter, present petitione....
2018 0 Supreme(Raj) 39 • India - Rajasthan
PUSHPENDRA SINGH BHATI
of services of an employee who was granted compassionate appointment for not passing the typing test within a period of 3 years ... Fact of the Case: The petitioner's father died while in service, and the petitioner was granted compassionate appointment ... The State of Rajasthan & Ors., in which it was held that the termination of services of an employee who was granted compassionate ... The petitioner's father expired while in s....
2017 0 Supreme(Del) 3943 • India - Delhi
SUNIL GAUR
, and the purpose of compassionate appointment. ... Compassionate Appointment - NTPC Employee - Clause 5.8 of Memorandum of Agreement - NTPC Employees’ Family Economic Rehabilitation ... Fact of the Case: Compassionate appointment sought by the first petitioner due to the untimely death of his father, ... Therefore, relief of compassionate appointment cannot be granted to legal heirs of deceased executive of NTPC on account of his....
2019 0 Supreme(Jhk) 286 • India - Jharkhand
ANIRUDDHA BOSE, SANJAY KUMAR DWIVEDI
Service Law – Compassionate Appointment – Once appointment of appellant was recommended on Class-IV post and recommendation for appointment ... on Class-III post was not permissible in view of Circular dated 27th March, 2005 and District Compassionate Appointment Committee ... a matter of right – Once a person accepts appointment on compassionate ground on a particular post, subsequent change of cadre on ... While ....
2024 0 Supreme(Guj) 980 • India - Gujarat
NIKHIL S. KARIEL
Compassionate Appointment - Government Policy - 16.3.2005, 10.3.2003, 19.7.2006 - The court discussed the ... posts in the Panchayat service introduced after the date of the petitioner's application for compassionate appointment. ... Issues: The issues revolved around the eligibility criteria for compassionate appointment, the application ... had made his first application for being granted appointment on #HL_STAR....
2007 0 Supreme(All) 2918 • India - Allahabad
SUDHIR AGARWAL
Compassionate Appointment - Education Act - U. P. Intermediate Education Act, 1921, U. P. ... Key legal provisions such as the purpose of compassionate appointment, the need for immediate relief, and the limitations on compassionate ... Issues: The issues included the validity of the compassionate appointment after 18 years of the death of the employee, the ... Earlier, he applied for compassionate appointment as a Class#....
2007 0 Supreme(All) 610 • India - Allahabad
SUDHIR AGARWAL
Appointment—Compassionate appointment—As Assistant Teacher under Dying in Harness Rules—Such order of appointment was passed by Basic ... appointee—Held, compassionate appointment, cannot be claimed as a vested right—In instant case, petitioner was merely four years ... , respondent 3-appointee, was unqualified, lacking minimum qualification—Hence, his appointment ex facie illegal and void ab initio—Therefore ... Earlier, he applied for com....
2015 0 Supreme(Jhk) 1192 • India - Jharkhand
APARESH KUMAR SINGH
fresh appointment on compassionate ground on a Class-II post—Writ petition dismissed. ... Service Law—Compassionate appointment—Petitioner was appointed on Class-IV post on compassionate basis—As such, he cannot claim any ... granted compassionate appointment once, cannot be given the benefit twice by offering him appointment or change of cadre. ... Screening test was held to judge the competency ....
2017 0 Supreme(Jhk) 863 • India - Jharkhand
APARESH KUMAR SINGH
Ratio Decidendi: The Court held that compassionate appointment is not a matter of right and is granted to meet exigency created ... The petitioner's father died while working as a Teacher and the petitioner applied for compassionate appointment. ... Compassionate Appointment - Review of Judgment - Order XLVII CPC - Discovery of new and important matter or evidence which, after ... It is well settled law that the compassionate appointment#H....
Filter by Legal Phrase
