FERTILIZERS AND CHEMICALS TRAVANCORE LTD. & ORS versus ANUSREE K.B.

FERTILIZERS AND CHEMICALS TRAVANCORE LTD. & ORS versus ANUSREE K.B.

Because the object of compassionate appointment is to tide over the sudden financial crisis of a deceased employee's dependents, a claim made and sought to be acted upon 14 years after death (and 24 years by the time of decision) cannot be allowed; therefore the High Court erred in directing reconsideration and the respondent is not entitled to appointment on compassionate grounds after such lapse of time.

Parties
Appellant: FERTILIZERS AND CHEMICALS TRAVANCORE LTD. & ORS.; Respondent: ANUSREE K.B.
Jurisdiction
India
Judgment Date
30 September 2022
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Order (civil Appeal No. 6958 of 2022)
Outcome
Appeal allowed; impugned orders of the High Court and Single Judge quashed and set aside.
Legal Topics
Compassionate Appointment, Eligibility Criteria for Compassionate Employment, Delay in Seeking Compassionate Appointment, Application of Articles 14 and 16
Service Law Constitutional Law Compassionate Appointment Eligibility Criteria for Compassionate Employment Delay in Seeking Compassionate Appointment Application of Articles 14 and 16

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Parties

FERTILIZERS AND CHEMICALS TRAVANCORE LTD. & ORS.

Appellant

ANUSREE K.B.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Order (civil Appeal No. 6958 of 2022)

Legal Issues

  1. 1 Whether a dependent is entitled to appointment on compassionate grounds 24 years after the death of the employee
  2. 2 Whether the High Court was justified in directing reconsideration of the respondent's claim for compassionate appointment
  3. 3 Whether compassionate appointment is a right or an exception to normal recruitment principles

Ratio Decidendi

Because the object of compassionate appointment is to tide over the sudden financial crisis of a deceased employee's dependents, a claim made and sought to be acted upon 14 years after death (and 24 years by the time of decision) cannot be allowed; therefore the High Court erred in directing reconsideration and the respondent is not entitled to appointment on compassionate grounds after such lapse of time.

Court Disposition

Appeal allowed; impugned orders of the High Court and Single Judge quashed and set aside.

Orders

  • Judgment and order passed by the learned Single Judge and the Division Bench of the High Court dated 31.03.2022 quashed and set aside
  • Present appeal allowed