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k.kumar raja (advocate)     20 May 2009

compassinate appoints

sir, regarding commpassinate ground appoint suggession and citation needed.         Brief:the job holder died in the year of 1989 leaving his wife and two daughters and one son. at that time wife is illlitrate and remaing are minors.when the son attained major in the year of 2001 he came to know about the cmmapassnate appoinment. he applies.in the year of 2006  govt.requires the applicant to apply in the  proper formet.he applies.then in the year of 2008 his application rejected  reason stated  the applicant did not apply within three years after death of his father.(when he was a minor). Is it advisable  to  move before high court in writ juristiction.please reply,



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 1 Replies

kartikeya (lawyer/cyber law consultant/cyber crime investigator)     20 May 2009

i dun think so... refer this judgement...

Eastern Coalfields Limited vs Anil Badyakar and Others  [SUPREME COURT OF INDIA, 15 May 2009]
Service - Compassionate appointment - Whether or not in the facts and circumstances of the case, the appointment made in respect of respondent, who is the son-in-law of the deceased after 12 years, would negates the very object of compassionate appointment? - Held, Yes - Decisions on the subject referred - Compassionate appointment is not a vested right which can be exercised at any time in future; it cannot be claimed and offered after a lapse of time and after the crisis is over - In facts of case employee died in harness in 1981 and after a long squabble by the dependents of the deceased, they arrived at a settlement that the son-in-law of the second daughter who is unemployed may request for appointment on compassionate grounds; and than director who was a competent authority for post facto approval had cancelled the provisional appointment on the ground that nearly after 12 years from the date of death of the employee such an appointment could not have been offered to the so called dependent of the deceased employee - 'Umesh Kumar Nagpal vs. State of Haryana, (1994) 4 SCC 138' - Appeal allowed.


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