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
compassionate appointment
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.”
AFT | Where lesser age is recorded in school certificate than the actual age; correct date of birth will be the one recorded by the parents in service records
Armed Forces Tribunal: Resolving a date of birth related controversy, the Division Bench of Justice Umesh Chandra Srivastava and Vice Admiral Abhay
Explained| Can dependent seek Compassionate appointment to a post higher than what was held by the deceased employee?
Appointment on compassionate ground is a concession and not a right.
Tri HC | There is a duty to make a clean disclosure while applying for compassionate appointment; Court dismisses petition
Tripura High Court: The Division Bench of Akil Kureshi, CJ. and S.G. Chattopadhyay, J., dismissed a petition which challenged an order passed
Retrospective seniority from a date when employee was not even borne in service? A big no, holds Supreme Court
Supreme Court: The bench of R. Subhash Reddy and Hrishikesh Roy*, JJ has held that retrospective seniority cannot be claimed from a
Daughter gets divorced right after parent’s death. Can she claim compassionate appointment? SC explains
Supreme Court: In a case where a woman had sought compassionate appointment after her mother’s death in the year 2012, the bench
CAT | Can family pension be equated with a compassionate appointment? Can employer deny grant of one benefit because the other one was refused by beneficiary? Tribunal answers
Central Administrative Tribunal: Mohd. Jamshed, Member (A), held that compassionate appointment cannot be equated with family pension. Slamming the respondents for their
Kar HC | “There can be illegitimate parents, but no illegitimate children.” HC analyses whether a ‘son’ born out of void marriage be considered for compassionate appointment
Karnataka High Court: A Division Bench of B.V Nagarathna and Hanchate Sanjeev Kumar, JJ. allowed the petition and remarked: “no child is