AI Overview...
-
Financial Stability of Family - Courts have consistently considered a family's overall financial stability when determining indigence for compassionate appointment or social assistance. A family with sufficient assets, regular pensions, or stable income is generally not deemed indigent, even if facing some hardships Amit Verma VS Union of India - Uttarakhand, Sadhana Singh vs Indian Bank - Madhya Pradesh, Devender Kumar vs Comptroller And Auditor General Of India - Central Administrative Tribunal, Sushma Devi vs Union of India through its Secretary Department of Postal, New Delhi - Central Administrative Tribunal.
-
Definition of Indigence - The courts emphasize that indigence does not solely hinge on immediate lack of funds but involves a comprehensive assessment of the family's economic condition, liabilities, assets, and ongoing expenses. A family with adequate resources or assets like property, pensions, or accommodation is typically excluded from indigent status Harjeet Singh vs Oriental Bank Of Commerce - Rajasthan.
-
Impact of Family Assets and Liabilities - The presence of assets such as property, pensions, or financial stability indicators (e.g., regular family pension, property ownership) can negate claims of indigence. The evaluation includes analyzing liabilities and whether the family can sustain itself without external aid Harjeet Singh vs Oriental Bank Of Commerce - Rajasthan, Devender Kumar vs Comptroller And Auditor General Of India - Central Administrative Tribunal.
-
Temporary vs. Long-term Hardship - Courts recognize that financial circumstances may change over time. A family currently stable may have faced hardship previously, but ongoing stability often disqualifies them from indigent status. Conversely, families in immediate, extreme hardship due to recent events may qualify Sushma Devi vs Union of India through its Secretary Department of Postal, New Delhi - Central Administrative Tribunal.
-
Policy Objective of Compassionate Appointment - The primary goal is to provide relief to genuinely indigent families suffering from extreme financial distress, especially after the death of a breadwinner. The assessment aims to prevent misuse by thoroughly examining the family's financial background Oriental Insurance Company Ltd VS Jon Mahanta - Gauhati.
-
Conclusion - Overall, the financial stability of a family is a crucial factor in determining indigence. Evidence of assets, pensions, or stable income generally indicates non-indigence, and assessments are made holistically, considering both current circumstances and potential future changes. Therefore, family financial stability is a valid and significant consideration in indigence determinations for compassionate appointments or similar reliefs Amit Verma VS Union of India - Uttarakhand, Sadhana Singh vs Indian Bank - Madhya Pradesh, Devender Kumar vs Comptroller And Auditor General Of India - Central Administrative Tribunal, Sushma Devi vs Union of India through its Secretary Department of Postal, New Delhi - Central Administrative Tribunal.
Search Results for "Financial Stability of Family May be Considered in Considering a Person Indigent"
2018 0 Supreme(UK) 306 • India - Uttarakhand
SHARAD KUMAR SHARMA
The bank declined the appointment citing the family's non-indigent status due to financial stability. ... Issues: The key issue was whether the petitioner's family met the criteria of financial indigence for compassionate appointment ... dismissed the writ petition, affirming the bank's decision to reject the claim for compassionate appointment due to the family's non-indigent ... /- and having their own accommodation, they cannot be treated as to be indigent #HL_STA....
2024 0 Supreme(MP) 756 • India - IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VINAY SARAF
The bank rejected her petition for compassionate appointment based on the non-confirmation and the alleged financial stability of ... the family. ... pension cannot negate hardships faced; detailed financial assessment required before denial. ... In the reply submitted before the Court, the respondent has pleaded that as the petitioner is drawing defense family pension of Rs.38,961/-, she is not indigent person. At the time of considering the fact th....
2025 Supreme(Online)(Raj) 12817 • India - HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. FARJAND ALI, J
(Paras 7-8) ... ... (C) Importance of thorough analysis of family liabilities and financial stability ... Challenges the rejection as arbitrary and violative of rights - Court highlighted definition of 'indigent' under the scheme, noting ... that a lack of immediate financial support does not equate to destitution and stressed on evaluating a family's overall economic ... A large portion of the terminal benefits, ordinarily considered a buffer against financial hard....
2024 Supreme(Online)(CAT) 6230 • India - Central Administrative Tribunal
as assessed through various parameters, including existing financial stability. ... (Paras 18, 19, 32) ... ... (C) Issues - Whether the respondent considered the ... background and concluding that there was no extreme financial distress. ... Where the authority finds that the financial and other circumstances of the family are such that in the absence of immediate assistance, it would be reduced to being indigent, an application from a dependant member of the #HL_ST....
2003 0 Supreme(Cal) 93 • India - Calcutta
GIRISH CHANDRA GUPTA
The avowed object of the rules is to provide relief to the family which is in extreme financial hardship and for this purpose an ... She may have been married to an indigent husband so that both the married daughter and the son-in-law would have been dependent upon ... The Primary School Council rejected her candidature on the ground that a married daughter is not considered a “Ward” as per existing ... She may have been an abandoned wife again fully dependent upon the father. She #HL_....
2025 Supreme(Online)(CAT) 5885 • India - Central Administrative Tribunal
Rajiv Joshi, J
stability. ... The applicant's family was found to be financially stable and not in need of urgent assistance. ... situation may change over time, thus affecting eligibility. ... Further, the financial circumstances of the family of the deceased may have changed, for the better, since the time of the death of the government employee. ... She is getting family pension. Thus the case of the applicant is not found to be in penury condition and there are more in....
2020 0 Supreme(Gau) 626 • India - Gauhati
MANOJIT BHUYAN, SOUMITRA SAIKIA
The Court also emphasized that the objective of compassionate appointment is to provide relief to families in indigent circumstances ... The objective is only to provide solace and succour to the family which may have plunged itself into difficult financial times and left in indigent state due to the unfortunate demise of the bread winner. Thus, the relevancy is at the stage when the employee passes away. ... Jon Mahanta, the respondent/writ petitioner-in-person. ... It is seen that ma....
1996 0 Supreme(Pat) 637 • India - Patna
S.K.CHATTOPADHYAYA
HINDU MARRIAGE ACT - SECTION 24 - MAINTENANCE PENDENTE LITE - QUANTIFICATION - FACTORS TO BE CONSIDERED - COURT'S DISCRETION - ... The opposite party-wife is not only maintaining her fathers large family at Dumka but her father also intends to purchase a house at Banaras, apart from renovating his property out of financial help given by the wife. ... Giving example of financial stability of opposite party No. 1, the petitioner has stated that she is having an air conditioner, BPL automatic washing machi....
2013 0 Supreme(Pat) 1061 • India - Patna
NAVIN SINHA, VIKASH JAIN
Operators-Instantly, Commission itself held that fixation of remuneration being a policy matter involving technical issues including of financial ... The Commission in these orders had opined that it was difficult for a person to sustain himself and the family on such meagre payments. Data Entry Operators were the mainstay of any office and whose importance would only increase in days to come with increased computerisation. ... Notwithstanding the same, and devoid of the aforesaid considerations, it proceeded on the simple premise of a hu....
2016 0 Supreme(Cal) 161 • India - Calcutta
SANJIB BANERJEE
settlement arrived at under Section 18(1) of the Industrial Disputes Act, 1947, and cannot be modified or interpreted to include any person ... She may have been an abandoned wife again fully dependent upon the father. She may have been married to an indigent husband so that both the married daughter and the son-in-law would have been dependent upon the income of the breadwinner whose death led them to extreme financial hardship. ... Several questions were framed by the single bench while cons....
Filter by Legal Phrase
