AI Overview...
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Compassionate Appointment - Provides immediate relief to dependents of deceased or medically retired government employees by offering employment based on urgent needs, often outside regular recruitment procedures Chanchal Sonkar vs Chairman, State Bank of India - Allahabad, Chanchal Sonkar vs Chairman, State Bank Of India - Allahabad.
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Legal Framework and Guidelines - Governed by specific rules such as the Dependents of Deceased Government Employees Rules, 2003, Rajasthan Compassionate Appointment Rules, 1996, and similar state-specific regulations, which outline eligibility, procedural requirements, and conditions for appointment Chanchal Sonkar vs Chairman, State Bank of India - Allahabad, Ramgopal Sharma VS Rajasthan Agriculture Marketing Department - Rajasthan.
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Eligibility Criteria - Dependents (spouses, children, or other family members) of employees who have died in harness or retired on medical grounds are eligible, provided they meet criteria like financial condition and qualification requirements Chanchal Sonkar vs Chairman, State Bank of India - Allahabad, Ramgopal Sharma VS Rajasthan Agriculture Marketing Department - Rajasthan.
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Procedural Challenges - Cases often involve delays or denial of relief due to administrative or financial constraints, such as revenue deficits or procedural lapses, but courts have emphasized the importance of timely relief in accordance with constitutional principles State of Orissa VS Sabitri Nayak - Orissa, Chanchal Sonkar vs Chairman, State Bank of India - Allahabad.
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Judicial Decisions - Courts have upheld the entitlement of dependents to compassionate appointments, emphasizing that such relief is a constitutional imperative under Articles 14 and 16 of the Constitution of India, and that rules should be interpreted liberally to serve the purpose Chanchal Sonkar vs Chairman, State Bank of India - Allahabad, Harmeet Singh VS State of Haryana - Punjab and Haryana.
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Special Cases - Employees retired on medical grounds with simultaneous appointment of dependents or those who have been medically invalidated are also considered eligible, with courts examining the applicability of rules and the intent behind compassionate schemes State of Orissa VS Sabitri Nayak - Orissa, [KULDEEP KUMAR RANA
VS STATE OF U P -
Allahabad](https://supremetoday.ai/doc/judgement/02500030792).
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Limitations and Exclusions - Municipal employees or employees of bodies not classified as government are generally not entitled to such relief unless explicitly covered under specific rules or schemes Gobinda Hazra VS State of W. B. - Calcutta.
Analysis and Conclusion:
The overarching principle across the sources is that compassionate appointments serve as a vital social safety net for dependents of deceased or medically retired government employees. While procedural and financial hurdles exist, judicial pronouncements reinforce that such relief is rooted in constitutional mandates and should be granted in a fair, timely manner. Rules like the 2003 Dependents Rules and state-specific schemes provide structured pathways, but courts often interpret these liberally to ensure dependents' welfare. Administrative delays or restrictions due to fiscal constraints are subject to judicial scrutiny, emphasizing the importance of compassionate relief as a constitutional obligation.
Search Results for "Relief to Dependents of Retired Government Employees"
2003 0 Supreme(Ori) 65 • India - Orissa
R.K.PATRA, PRADIP MOHANTY
REHABILITATION ASSISTANCE SCHEME - Appointment - State Government for mounting revenue deficit issued orders for austerity measures ... In certain circumstances the ban order can be waived and appointments can be made - Discussing the facts and circumstances held, relief ... Although the Collector, Kendrapara issued the distress certificate in her favour on 31.5.1998 and despite necessary compliance of facilities, the State Government did not appoint her on R.H.S. and delayed in giving her relief. ... Party whose husband....
2021 0 Supreme(AP) 27 • India - Andhra Pradesh
BATTU DEVANAND
available to respondents now- said judgment of this Court was set aside by Hon’ble Supreme Court in case (1 supra) and consequently Government ... Gr.II he went on leave with effect from due to ill-health - He made an application seeking permission to retire on medical invalidation ... The second ground is in the light of the judgment, dated 12.10.2001 of this Court in W.P.No.13489 of 2000 and batch in which it was held that the scheme of compassionate appointment to the dependents of government employees#HL_EN....
2025 0 Supreme(All) 3202 • India - IN THE HIGH COURT OF ALLAHABAD
AJAY BHANOT
to Dependants of Deceased Employees on Compassionate Grounds, 2022 - Appointment on compassionate grounds - Petitioner claimed appointment ... ) Constitution of India - Articles 12, 14, 15, and 16 - Scheme for Compassionate Appointments of Payment of Ex gratia Financial Relief ... deceased's last drawn salary - Compassionate appointments are exceptions to regular recruitment procedures aimed at providing urgent relief ... The following guidelines should be taken into account for determining the financial condition/eligib....
2025 0 Supreme(All) 2330 • India - IN THE HIGH COURT OF ALLAHABAD
Hon'ble Ajay Bhanot,J.
10, 21, 25) ... ... (B) Compassionate appointments - The purpose is to provide immediate relief ... Paras 10, 12, 18) ... ... Facts of the case: ... The petitioner’s husband, an employee ... The following guidelines should be taken into account for determining the financial condition/ eligibility for compassionate appointment of dependents of the family: Compassionate Appointment will be sanctioned to the dependents of the deceased/premature retired employees where ... The relevan....
2007 2 Supreme 633 • India - Supreme Court
G.P.MATHUR, LOKESHWAR SINGH PANTA
who had retired on medical grounds with simultaneous appointment of the dependents on compassionate grounds. ... the employees surrendering the same to the bank—Appellant bank called for option to be exercised by employees who had retired from ... and eligibility—Employee having retired as award staff on medical grounds with simultaneous appointment of dependants on compassionate ... be extended to the employees who had re....
2018 0 Supreme(Cal) 935 • India - Calcutta
DEBANGSU BASAK
- Municipal employees cannot be treated as employees of the State Government - No relief entitled to the petitioners - Writ petitions ... Compassionate Appointment - Municipal Employees - West Bengal Regulation of Recruitment in State Government Establishments of ... Public Undertakings, Statutory Bodies, Government Companies and Local Authorities Act, 1998 - Section 1, Sub-Section (4), Section ... (iii) Can employees of a Municipality be treated as....
2009 0 Supreme(All) 1448 • India - Allahabad
S.P.MEHROTRA
Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 - The court discussed the absence of provisions for ... giving appointment to the dependents of an employee who has been rendered medically unfit to continue in employment. ... Compassionate Appointment - Appointment of Dependent of Medically Unfit Employee - UP. ... ) of Government servants who retired on medical invalidation. ... Recruitment of Dependants#HL_END....
2014 0 Supreme(P&H) 1142 • India - Punjab and Haryana
HEMANT GUPTA, FATEH DEEP SINGH
Issues: The main issue was whether the Rules applied to the appointment of dependents of Government employees retired on medical ... The petitioner challenged this decision, arguing that the Rules only applied to deceased Government employees, not those retired ... Dependents of Deceased Government Employees Rules, 2003] - The court discussed the circular dated 31.08.1995 permitting appointment ... respect of dece....
2019 0 Supreme(P&H) 1087 • India - Punjab and Haryana
HARSIMRAN SINGH SETHI
Ratio Decidendi: The court relied on the Haryana Compassionate Assistance to the Dependents of Deceased Government Employees ... recovery - family pension - Haryana Compassionate Assistance to the Dependents of Deceased Government Employees Rules, 2006 - ... Finding of the Court: The court found that the recovery from the petitioner, a widow of a deceased government employee ... That as per the Haryana Compassionate Assistance to....
2018 0 Supreme(Raj) 2177 • India - Rajasthan
ASHOK KUMAR GAUR
Rajasthan Compassionate Appointment of Dependant of Deceased Government Servant Rules, 1996 - Rule 9 - Employment ... petitioner has not acquired the requisite Computer qualification - Held, Respondents themselves treated petitioner as confirmed employee ... (ii) Recovery from the retired employees, or the employees who are due to retire within one year, of the order of recovery. ... Counsel further submitted that services of the petitioner have not been terminated so far and as such ....
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