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Compassionate appointment

Swami Sadashiva Brahmendra Sar ,
  16 May 2009       Share Bookmark

Court :
Supreme Court
Brief :
After death of employee a settlement between his legal hairs arived at in which son in law of one of his daughters was given right to apply for compassionate appointment - apllication made after 15 yrs of death was rejected- high court allowed the petition - supreme court settig aside the high court's decision held that:
Citation :
civil appeal 3597/2009, decided on 15/05/09
"-- the compassionate appointment is not a vested right which can be exercised at any time in future. The compassionate employment cannot be claimed and offered after a lapse of time and after the crisis is over. In the instant case the employee died in harness in the year 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. The request so made was accepted by the Personal Manager of the Company subject to the approval of the Director of the Company. The Director (P) , who is the competent authority for post facto approval, keeping in view the object and purpose of providing compassionate appointment has 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. In our considered view, the decision of the employer was in consonance with Umesh Kumar Nagpal's case and the same should not have been interfered with by the High Court."
 
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Published in Labour & Service Law
Views : 3863




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