M/S. EASTERN COALFIELDS LTD. versus ANIL BADYAKAR & ORS.

M/S. EASTERN COALFIELDS LTD. versus ANIL BADYAKAR & ORS.

Compassionate appointment cannot be claimed or offered after a lapse of considerable time, as it is intended to provide immediate relief from the financial crisis caused by the death of an employee; in this case, an appointment twelve years after the employee's death was rightly denied.

Parties
Appellant: Eastern Coalfields Ltd.; Respondent: Anil Badyakar
Jurisdiction
India
Judgment Date
15 May 2009
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of Calcutta High Court, Affirming Single Judge Order in Writ Petition No. 16515 of 1994
Outcome
Appeal allowed
Legal Topics
Compassionate Appointment, Delay in Application, Employment
Service Law Compassionate Appointment Delay in Application Employment

Case Brief

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Parties

Eastern Coalfields Ltd.

Appellant

Anil Badyakar

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of Calcutta High Court, Affirming Single Judge Order in Writ Petition No. 16515 of 1994

Legal Issues

  1. 1 Whether compassionate appointment after a delay of 12 years negates the object and purpose of such appointment in service law

Ratio Decidendi

Compassionate appointment cannot be claimed or offered after a lapse of considerable time, as it is intended to provide immediate relief from the financial crisis caused by the death of an employee; in this case, an appointment twelve years after the employee's death was rightly denied.

Court Disposition

Appeal allowed

Orders

  • Orders of the High Court are set aside.
  • No order as to costs.