2022 SCC Vol. 10 Part 2
Arbitration and Conciliation Act, 1996 — Ss. 14(1)(a) and 2(1)(e) r/w Ss. 11(5) and 11(6) — Application seeking termination of
compassionate appointment
Rajasthan High Court directs State to consider compassionate appointment for son born from second wife of the deceased
Rajasthan High Court: In a case filed by the second wife (petitioner 1) of deceased who was a class IV
Married daughter cannot claim compassionate appointment as a right; certainly not years after employee’s death: Supreme Court
Supreme Court: In a case where a married daughter of the deceased was claiming compassionate appointment, the bench of MR Shah* and
Excluding married daughters from compassionate appointment violative of Art. 14, 15 and 16; Rajasthan High Court overrules judgments supporting exclusion
Yardstick, for extending the benefit of compassionate Appointment should be dependency of the dependents on the deceased government servant and, therefore, their marital status only should not be an impediment for consideration on compassionate ground.
Make way for the outsiders: Compassionate Appointment cannot be extended to heirs of the retiring employees, holds Supreme Court
Supreme Court: In a case where the Ahmednagar Mahanagar Palika/ Municipal Corporation was giving appointment to the heirs of the employees on
Allahabad High Court| [Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974] Wife entitled to compassionate appointment before sister
Allahabad High Court: Neeraj Tiwari, J. dismissed a writ petition which was filed with prayer for directing the respondents to grant the
Allahabad High Court rejects claim of compassionate appointment after 27 years delay of adopted son
Allahabad High Court: Saurabh Shyam Shamshery, J. dismissed a writ petition filed for claiming compassionate appointment stating that compassionate appointment
J&K and Ladakh HC| Compassionate Appointments are not for conferring status on a family
Jammu and Kashmir and Ladakh High Court: While deciding the instant appeal vis-a-vis compassionate appointment, the Division Bench of Tashi Rabstan and
Gauhati High Court| ‘Cousin’ not a family member; cannot be considered for Preferential Appointment under Assam Public Services (Preferential Appointment) Rules, 1999
Gauhati High Court: The single Bench of Michael Zothankhuma, J., disposed of the writ petition and held that a cousin cannot be
Madhya Pradesh High Court | Substitution of an appointment on compassionate grounds through contractual appointment held illegal; directions issued
Madhya Pradesh High Court: The Division Bench of Ravi Malimath, CJ. and Vishal Mishra, J. allowed a writ petition directing
Application for compassionate appointment made during subsistence of a policy, eventually policy stood amended before appointment; which policy will govern the appointment? SC to decide
Supreme Court: While addressing a case raising significant question of law on principles governing compassionate appointment, the Division Bench of D.Y. Chandradhud
Can legal heir of deceased employee be granted compassionate appointment, who took voluntary retirement due to being medically unfit? Bom HC decides
Bombay High Court: Ravindra V. Ghuge, J., decides a matter as to whether the benefit of compassionate appointment can be granted to
Alimony to Husband, Compassionate Appointment to Illegitimate Child, Marriage Expenses of Unmarried Daughters, Maternity Leave to Contractual Employees and much more| Read 11 Legal Stories of the Week
Interesting picks from this week’s legal stories from High Courts to District Courts Alimony Whether husband is entitled to claim alimony under
Illegitimate child’s right to be considered for Compassionate appointment: Read what Chh HC says
Chhattisgarh High Court: Sanjay K. Agarwal, J., held that an illegitimate son would be entitled to consideration on compassionate ground and cannot
Compassionate Appointment cannot be denied to children born from the second wife of a deceased employee: SC
“A policy cannot discriminate against a person only on the ground of descent by classifying children of the deceased employee as legitimate and illegitimate and recognizing only the right of legitimate descendant.”
“…on the ground of delay itself, the heir of the deceased employee shall not be entitled to appointment on compassionate ground.”; Raj HC observes in a case where delay is of almost 13 years
Rajasthan High Court: A Division Bench of Manindra Mohan Srivastava and Anoop Kumar Dhand, JJ. dismissed the petition on the ground that
82 High Court Judgments from January 2022: High Courts Monthly Roundup
82 Judgments from the High Courts of the Country, you wouldn’t want to miss. Here’s a short recap from the month of
Daughter-in-law who obtains compassionate appointment by stating that she will take responsibility of her mother-in-law is bound by that undertaking: Cal HC
Calcutta High Court: 80-year-old widow approaches Court to seek direction towards her daughter-in-law to provide for her maintenance as she had taken
HP HC | Compassionate appointment is not a matter of right but subject to policy changes; appointment rightly rejected to son as mother is already employed with PWD
Himachal Pradesh High Court: A Division Bench of Sabina and Satyen Vaidya JJ. dismissed the petition on grounds of non-interference. The facts
Compassionate Appointment| Applicability of Scheme in force on date of employee’s death OR date of consideration of the application? SC resolves the conflict
“A rule of interpretation which produces different results, depending upon what the individuals do or do not do, is inconceivable.”