Compassionate Appointment

Supreme Court clarifies compassionate appointment scope: No automatic jobs for retirees’ heirs in Ahmednagar Mahanagar Palika case (2022)

/ B.V. Nagarathna, Compassionate Appointment, Constitutional Law, Constitutional Law with Article 14, Industrial Dispute, Judges, M.R. Shah, Service Law, Service Law with Article 14

Supreme Court on Compassionate Appointment for Retirees’ Heirs: Ahmednagar Mahanagar Palika Case (2022) LEGAL ISSUE: Whether the heirs of retiring employees are entitled to compassionate appointment. CASE TYPE: Service Law/Industrial Dispute Case Name: Ahmednagar Mahanagar Palika vs. Ahmednagar Mahanagar Palika Kamgar Union [Judgment Date]: September 5, 2022 Introduction Date of the Judgment: September 5, 2022 […]

Supreme Court clarifies compassionate appointment scope: No automatic jobs for retirees’ heirs in Ahmednagar Mahanagar Palika case (2022) Read Post »

Supreme Court Upholds Financial Criteria for Compassionate Appointment: Central Bank of India vs. Nitin (2022)

/ Compassionate Appointment, Compassionate Appointment Scheme, Financial Criteria, Financial Eligibility, Indira Banerjee, Judges, Service Law, Suppression of Facts, V. Ramasubramanian

Supreme Court Upholds Financial Criteria for Compassionate Appointment: Central Bank of India vs. Nitin (2022) LEGAL ISSUE: Whether financial criteria can be a ground for rejecting a claim for compassionate appointment. CASE TYPE: Service Law Case Name: Central Bank of India vs. Nitin Judgment Date: 3 August 2022 Date of the Judgment: 3 August 2022

Supreme Court Upholds Financial Criteria for Compassionate Appointment: Central Bank of India vs. Nitin (2022) Read Post »

Compassionate Appointment: Supreme Court clarifies “Suitable Employment” in Suneel Kumar vs. State of U.P. (2022)

/ Compassionate Appointment, Hrishikesh Roy, Judges, K.M. Joseph, Rule 5, Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, Service Law, Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974

Supreme Court on Compassionate Appointment: Suneel Kumar vs. State of U.P. (2022) LEGAL ISSUE: Interpretation of “suitable employment” in compassionate appointment rules. CASE TYPE: Service Law Case Name: Suneel Kumar vs. State of U.P. & Ors. Judgment Date: 02 August 2022 Introduction Date of the Judgment: 02 August 2022 Citation: Civil Appeal No. 5038 of

Compassionate Appointment: Supreme Court clarifies “Suitable Employment” in Suneel Kumar vs. State of U.P. (2022) Read Post »

Supreme Court directs compassionate appointment under old rules due to departmental delay: Malaya Nanda Sethy vs. State of Orissa (20 May 2022)

/ B.V. Nagarathna, Compassionate Appointment, Judges, M.R. Shah, Service Law, Service Law with Odisha Civil Services (Rehabilitation Assistance) Rules, 2020, Service Law with Orissa Civil Service (Rehabilitation Assistance) Rules, 1990

Supreme Court directs compassionate appointment under old rules due to departmental delay: Malaya Nanda Sethy vs. State of Orissa (2022) LEGAL ISSUE: Whether the rules for compassionate appointment applicable at the time of the employee’s death or at the time of consideration of the application should be applied. CASE TYPE: Service Law. Case Name: Malaya

Supreme Court directs compassionate appointment under old rules due to departmental delay: Malaya Nanda Sethy vs. State of Orissa (20 May 2022) Read Post »

Supreme Court Upholds Seniority of Compassionate Appointees over Direct Recruits in Engineering Services

/ Abhay S. Oka, Ajay Rastogi, Compassionate Appointment, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16, Judges, Seniority, Service Law, Tamil Nadu State and Subordinate Services Rules, 1955, Tamil Nadu State and Subordinate Services Rules, 1955 with Rule 35(aa)

Supreme Court Upholds Seniority of Compassionate Appointees over Direct Recruits in Engineering Services LEGAL ISSUE: Whether compassionate appointees are entitled to seniority over direct recruits in the Tamil Nadu Highways Engineering Service. CASE TYPE: Service Law Case Name: M. Kendra Devi vs. The Government of Tamil Nadu and Others Judgment Date: 10 March 2022 Introduction

Supreme Court Upholds Seniority of Compassionate Appointees over Direct Recruits in Engineering Services Read Post »

Supreme Court clarifies rules for compassionate appointment: Bheemesh vs. Department of Education (2021)

/ Compassionate Appointment, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16, Hemant Gupta, Judges, Karnataka State Civil Services Act, 1978, Karnataka State Civil Services Act, 1978 with Section 3(1), Karnataka State Civil Services Act, 1978 with Section 8, Retrospective Application of Rules, Service Law, V. Ramasubramanian

Supreme Court Clarifies Compassionate Appointment Rules: Bheemesh vs. Govt. of Education (2021) LEGAL ISSUE: Whether amendments to compassionate appointment rules apply retrospectively. CASE TYPE: Service Law Case Name: The Secretary to Govt. Department of Education (Primary) & Ors. vs. Bheemesh Alias Bheemappa [Judgment Date]: December 16, 2021 Date of the Judgment: December 16, 2021 Citation:

Supreme Court clarifies rules for compassionate appointment: Bheemesh vs. Department of Education (2021) Read Post »

Compassionate Appointment: Supreme Court sets aside High Court order on Junior Assistant Post (11 December 2021)

/ A S Bopanna, Compassionate Appointment, Constitutional Law, Constitutional Law with Article 226, Dhananjaya Y Chandrachud, Estoppel, Government Orders, Government Orders with GO Ms No 1499, Government Orders with GO Ms No 154, Judges, Retrospective Appointment, Service Law

Compassionate Appointment: Supreme Court sets aside High Court order on Junior Assistant Post LEGAL ISSUE: Whether a candidate who accepts a lower post on compassionate grounds, with an undertaking not to claim a higher post in the future, can later seek appointment to the higher post from the initial date of appointment. CASE TYPE: Service

Compassionate Appointment: Supreme Court sets aside High Court order on Junior Assistant Post (11 December 2021) Read Post »

Supreme Court Clarifies Compassionate Appointment Criteria: Union of India vs. Amrita Sinha (2021)

/ A S Bopanna, Compassionate Appointment, Dhananjaya Y Chandrachud, Family Pension, Judges, Service Law

Supreme Court Clarifies Compassionate Appointment Criteria: Union of India vs. Amrita Sinha (2021) LEGAL ISSUE: Whether family pension should be considered as part of the financial assessment for compassionate appointment. CASE TYPE: Service Law Case Name: Union of India & Ors vs. Amrita Sinha Judgment Date: 11 December 2021 Date of the Judgment: 11 December

Supreme Court Clarifies Compassionate Appointment Criteria: Union of India vs. Amrita Sinha (2021) Read Post »

Supreme Court settles Compassionate Appointment Policy: State of Madhya Pradesh vs. Ashish Awasthi (2021)

/ Compassionate Appointment, Judges, M.R. Shah, Policy for Compassionate Appointment, Sanjiv Khanna, Service Law

Supreme Court Clarifies Compassionate Appointment Policy: State of Madhya Pradesh vs. Ashish Awasthi (2021) LEGAL ISSUE: Applicability of subsequent policies for compassionate appointments. CASE TYPE: Service Law Case Name: The State of Madhya Pradesh & Ors. vs. Ashish Awasthi Judgment Date: 18 November 2021 Date of the Judgment: 18 November 2021 Citation: [Not Available in

Supreme Court settles Compassionate Appointment Policy: State of Madhya Pradesh vs. Ashish Awasthi (2021) Read Post »

Supreme Court Denies Compassionate Appointment After 18-Year Delay: Steel Authority of India vs. Gouri Devi (2021)

/ Compassionate Appointment, Constitutional Law, Constitutional Law with Article 14, Delay in Application, Judges, M.R. Shah, Sanjiv Khanna, Service Law

Supreme Court Denies Compassionate Appointment After 18-Year Delay: Steel Authority of India vs. Gouri Devi (2021) LEGAL ISSUE: Whether a second application for compassionate appointment can be considered after a significant delay, especially when a prior application by another family member was rejected. CASE TYPE: Service Law Case Name: Steel Authority of India Limited vs.

Supreme Court Denies Compassionate Appointment After 18-Year Delay: Steel Authority of India vs. Gouri Devi (2021) Read Post »

Supreme Court clarifies “suitable post” for compassionate appointment: State of Uttar Pradesh vs. Premlata (2021)

/ A. S. Bopanna, Compassionate Appointment, Constitutional Law, Constitutional Law with Article 14, Constitutional Law with Article 16, Dying-in-Harness Rules, Government Employee, Judges, M. R. Shah, Public Employment, Service Law, Uttar Pradesh Dying-in-Harness Rules, 1974, Uttar Pradesh Dying-in-Harness Rules, 1974 with Rule 5

Supreme Court Clarifies Compassionate Appointment Rules: State of Uttar Pradesh vs. Premlata (2021) LEGAL ISSUE: Interpretation of “suitable post” in compassionate appointment rules. CASE TYPE: Service Law Case Name: The State of Uttar Pradesh & Ors. vs. Premlata [Judgment Date]: October 5, 2021 Date of the Judgment: October 5, 2021 Citation: Civil Appeal No. 6003

Supreme Court clarifies “suitable post” for compassionate appointment: State of Uttar Pradesh vs. Premlata (2021) Read Post »

Supreme Court Denies Retrospective Seniority in Compassionate Appointment Case: State of Bihar vs. Arbind Jee (2021)

/ Compassionate Appointment, Hrishikesh Roy, Judges, R. Subhash Reddy, Seniority, Service Law, Service Law with Retrospective Seniority

Supreme Court Denies Retrospective Seniority in Compassionate Appointment Case: State of Bihar vs. Arbind Jee (2021) LEGAL ISSUE: Whether an employee appointed on compassionate grounds is entitled to claim seniority from a retrospective date when they were not in service. CASE TYPE: Service Law Case Name: The State of Bihar & Ors. vs. Arbind Jee

Supreme Court Denies Retrospective Seniority in Compassionate Appointment Case: State of Bihar vs. Arbind Jee (2021) Read Post »

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