AI Overview...
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Court Cannot Direct to Consider Compassionate Appointment Beyond the Scheme - The courts have consistently held that compassionate appointments are governed by specific schemes with strict eligibility and time limits. They cannot be granted if the application is filed after the prescribed period or beyond the scope of the scheme. For instance, the Kerala High Court emphasized that compassionate appointment cannot be granted after a long delay or outside the scheme's provisions STATE BANK OF INDIA REPRESENTED BY ITS CHIEF GENERAL MANAGER vs RAJINA.S. @ RAJINA SAGEER SAHIB - Kerala, K. Deepa VS State Express Transport Corporation Ltd. , Rep. by its Managing Director - Madras, Nayan Paul VS State of Tripura - Tripura.
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Limitations on Time and Scope - Compassionate appointments are not a matter of right and are subject to the scheme's terms, including time limitations. The courts have ruled that appointments cannot be made beyond the stipulated period, such as one year from the death of the breadwinner, or after a significant lapse of time K. Deepa VS State Express Transport Corporation Ltd. , Rep. by its Managing Director - Madras, Nayan Paul VS State of Tripura - Tripura, G. Robert VS Chairman, Tamil Nadu Electricity Board, Chennai - Madras.
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No Right to Compassionate Appointment Without a Scheme - In cases where no existing scheme is in place, courts have held that there is no legal right to compassionate appointment. The absence of a scheme precludes the court from directing such appointments SEBASTIAN JULEE Vs PUNJAB NATIONAL BANK & OTHERS - Kerala.
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Judicial Limitations and Mandamus - Courts have emphasized that their jurisdiction under writs of mandamus is limited to directing authorities to consider applications within the framework of the scheme. They cannot order appointments beyond the scheme's provisions or outside the prescribed process Promad Kumar Rajak VS Registrar, General High Court Allahabad and Ors. - Allahabad, HRUTHIK N. , S/O LATE NINGARAJU K. VS DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS (ADMINISTRATION) MYSURU DISTRICT, MYSURU - Karnataka.
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Sympathy Cannot Override Scheme Provisions - Courts have reiterated that sympathetic considerations do not justify granting compassionate appointments beyond the scheme's terms, especially when applications are filed after the prescribed period or without adherence to procedural requirements STATE BANK OF INDIA REPRESENTED BY ITS CHIEF GENERAL MANAGER vs RAJINA.S. @ RAJINA SAGEER SAHIB - Kerala, State of Manipur VS All Manipur Appointment under the Die-in-Harness Scheme Association - Gauhati.
Analysis and Conclusion:
The overarching principle from these judgments is that courts cannot direct authorities to consider or grant compassionate appointments beyond the scope, provisions, or time limits of the applicable scheme. Compassionate appointment is a scheme-based exception, not a right, and must be exercised within its prescribed framework. Delays or applications filed after the statutory or scheme-specific deadlines are generally not entertainable, and courts are bound to uphold the scheme's integrity Promad Kumar Rajak VS Registrar, General High Court Allahabad and Ors. - Allahabad, Nayan Paul VS State of Tripura - Tripura, K. Deepa VS State Express Transport Corporation Ltd. , Rep. by its Managing Director - Madras, SEBASTIAN JULEE Vs PUNJAB NATIONAL BANK & OTHERS - Kerala.
References:
- Promad Kumar Rajak VS Registrar, General High Court Allahabad and Ors. - Allahabad
- STATE BANK OF INDIA REPRESENTED BY ITS CHIEF GENERAL MANAGER vs RAJINA.S. @ RAJINA SAGEER SAHIB - Kerala
- K. Deepa VS State Express Transport Corporation Ltd. , Rep. by its Managing Director - Madras
- Nayan Paul VS State of Tripura - Tripura
- K. Raji Reddy VS State OF A. P. , rep. by the Director of school Education - Andhra Pradesh
- POONGODI VS CHIEF GENERAL MANAGER, STATE BANK OF INDIA - Madras
- SEBASTIAN JULEE Vs PUNJAB NATIONAL BANK & OTHERS - Kerala
- HRUTHIK N. , S/O LATE NINGARAJU K. VS DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS (ADMINISTRATION) MYSURU DISTRICT, MYSURU - Karnataka
- G. Robert VS Chairman, Tamil Nadu Electricity Board, Chennai - Madras
- State of Manipur VS All Manipur Appointment under the Die-in-Harness Scheme Association - Gauhati
Search Results for "Court Cannot Direct to Consider Compassionate Appointment Beyound the Scheme"
2011 0 Supreme(All) 2654 • India - Allahabad
SABHAJEET YADAV
Final Decision: The court allowed the petition and directed the District Judge to consider the petitioner's claim for compassionate ... Finding of the Court: The court found that the petitioner's application for compassionate appointment was within the ... Compassionate Appointment - Dying in Harness Rules - Rule 5(1) Fact of the Case: The petitioner sought compassionate ... While dealing with the nature and sc....
2025 Supreme(Online)(Ker) 36468 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, SYAM KUMAR V.M., JJ
... ... Findings of Court: ... Compassionate appointments cannot be granted so long after the breadwinner's death; the court expressed ... (A) Kerala High Court Act, 1958 - Sections 5 - Compassionate appointment - Appeal against direction for appointment based on compassionate ... grounds - The court ruled that compassionate appointments should only provide im....
2019 0 Supreme(Mad) 818 • India - Madras
S.M.SUBRAMANIAM
Thus, the scheme of compassionate appointment cannot be implemented after a lapse of many years. ... mind that the compassionate appointment cannot be granted beyond the scope and after a lapse of many years. ... Finding of the Court: Compassionate appointment being a special scheme, can never be claimed as a matter of right. ... of scheme itself and the same ....
• India - Tripura
AKIL ABDUL HAMID KURESHI, ARINDAM LODH
scheme and cannot be directed contrary to its provisions. ... compassionate appointment beyond the prescribed period. ... appointment beyond the one-year limitation prescribed by the die-in-harness scheme. ... If that be the position, in our opinion as per settled law through series of decisions of Supreme Court, the Court cannot direct consideration of an application which is #H....
2001 0 Supreme(AP) 754 • India - Andhra Pradesh
S.B.SINHA, V.V.S.RAO
AP DIRECT RECRUITMENT FOR POST OF TEACHERS (SCHEME OF SELECTION) Rules, 6,7,9,10,11,14 & 17 - Recruitment of teachers - Pursuant ... Notification prescribed a cut off date for production of certificates and petitioners are bound thereby - Sympathy as is well known cannot ... Whatever it may be the Court should not have directed the appointment on compassionate grounds. The jurisdiction under mandamus cannot be exercised in that fashion. " ... ( 22 ) IN G. ....
• India - Madras
V.PARTHIBAN
entitled to compassionate appointment under the old scheme. ... entitled to compassionate appointment under the old scheme. ... entitled to compassionate appointment under the old scheme. ... accordingly, directed the Bank to consider the case of the respondent therein for compassionate appointment as per the old scheme. ... The respondents are directed to #HL_S....
2007 Supreme(Online)(KER) 12155 • India - High Court of Kerala
ANTONY DOMINIC, J
Compassionate Appointment - Employment Assistance Claim - No Existing Scheme - No Right to Appointment - The court emphasizes ... Finding of the Court: The court found no existing scheme for compassionate appointment and noted that the petitioner ... Issues: Whether the petitioner's application for compassionate appointment can be considered under a scheme th....
2021 0 Supreme(Kar) 302 • India - Karnataka
M.NAGAPRASANNA
applications for compassionate appointment shall consider and dispose the same within three months from the date of receipt of the ... Finding of the Court: Consideration of appointment on compassionate grounds and mandates ... Constitution of India- Writ of mandamus - Filed under article 226- prayer to direct the respondents to appoint ... (5) Appointment shall be made only against a direct recruitment vacancy. ... Therefore, the....
2017 0 Supreme(Mad) 3224 • India - Madras
S.M.SUBRAMANIAM
The court also held that compassionate appointment cannot be granted after a long delay and that it is necessary to consider the ... What is the purpose of the compassionate appointment scheme? 3. Can compassionate appointment be granted after a long delay? 4. ... COMPASSIONATE APPOINTMENT - SCHEME - SCOPE - RESTRICTIONS - DELAY - WRIT PETITION - DISMISSED. ... ....
2003 0 Supreme(Gau) 584 • India - Gauhati
P.P.NAOLEKAR, S.K.KAR
Scheme, issued directions for appointment to eligible persons, and emphasized that appointment on compassionate ground cannot be ... Scheme, issued directions for appointment to eligible persons, and emphasized that appointment on compassionate ground cannot be ... The court emphasized that appointment on compassionate ground cannot be claimed ....
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