HARYANA STATE ELECTRICITY BOARD versus NARESH TANWAR AND ANR. ETC. ETC.

HARYANA STATE ELECTRICITY BOARD versus NARESH TANWAR AND ANR. ETC. ETC.

Compassionate appointment must be given only to meet the immediate financial crisis suffered by the family due to the sudden demise of the earning member. Appointment after a long lapse of time, when the crisis has passed and the dependent has attained majority, defeats the object and is impermissible.

Parties
Appellant: Haryana State Electricity Board; Respondent: Naresh Tanwar; Respondent: Sonana Devi
Jurisdiction
India
Judgment Date
02 February 1996
Procedural Posture
Civil Appeal / Appeal From Decision of the Punjab & Haryana High Court in Writ Petitions
Outcome
Appeals allowed; High Court judgments set aside
Legal Topics
Compassionate Appointment, Employment in Public Services, Timeframe for Compassionate Appointment
Service Law Compassionate Appointment Employment in Public Services Timeframe for Compassionate Appointment

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Parties

Haryana State Electricity Board

Appellant

Naresh Tanwar

Respondent

Sonana Devi

Respondent

Procedural Posture

Civil Appeal / Appeal From Decision of the Punjab & Haryana High Court in Writ Petitions

Legal Issues

  1. 1 Whether compassionate appointment can be granted after a long lapse of time following the death of the employee
  2. 2 Whether attainment of majority by the deceased’s dependent after several years entitles compassionate appointment

Ratio Decidendi

Compassionate appointment must be given only to meet the immediate financial crisis suffered by the family due to the sudden demise of the earning member. Appointment after a long lapse of time, when the crisis has passed and the dependent has attained majority, defeats the object and is impermissible.

Court Disposition

Appeals allowed; High Court judgments set aside

Orders

  • Impugned judgments of the High Court set aside
  • Applicants may submit fresh representations to the State Electricity Board for consideration of appointment, detailing current family and economic conditions