{"id":273236,"date":"2022-09-08T09:00:35","date_gmt":"2022-09-08T03:30:35","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=273236"},"modified":"2022-09-08T09:00:35","modified_gmt":"2022-09-08T03:30:35","slug":"heirs-of-retiring-employees-cannot-get-compassionate-appointment-employment-opportunity-supeme-court-legal-research-news","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2022\/09\/08\/heirs-of-retiring-employees-cannot-get-compassionate-appointment-employment-opportunity-supeme-court-legal-research-news\/","title":{"rendered":"Make way for the outsiders: Compassionate Appointment cannot be extended to heirs of the retiring employees, holds Supreme Court\u00a0"},"content":{"rendered":"

Supreme Court<\/strong>: In a case where the Ahmednagar Mahanagar Palika\/ Municipal Corporation was giving appointment to the heirs of the employees on their superannuation and\/or retirement, the bench of MR Shah<\/strong>* and BV Nagarathna, JJ has held that such appointment is contrary to the object and purpose of appointment on compassionate grounds and is hit by Article 14 of the Constitution of India.<\/p>\n

In 2003, Ahmednagar Municipal Council was converted to Ahmednagar Mahanagar Palika. In 1979, when the Municipal Council was in existence, an industrial dispute was raised by the Union with respect to the employment to be given to the heirs of the employees. At the relevant time, it was agreed by the Municipal Council that the employees in Class-IV category (if they die before their retirement) in all departments, except Health Department, if they become invalid, or if they retire, their heirs will be given appointment in their place. Consequently, by judgment and award dated 30.03.1981, the Industrial Court directed that the employees in Class-IV category, if they die before their retirement; if they become invalid, or if they retire, their heirs should be given appointment in their place.<\/p>\n

The Supreme Court was of the opinion that,<\/p>\n