JAGDISH PRASAD versus THE STATE OF BIHAR AND ANR.

JAGDISH PRASAD versus THE STATE OF BIHAR AND ANR.

Compassionate appointment is meant to relieve immediate hardship following the demise of an earning member. Claim for compassionate appointment by a dependent after attaining majority long after the death is not permissible; such practice would amount to a separate mode of recruitment outside the recruitment rules.

Parties
Appellant: Jagdish Prasad; Respondent: The State of Bihar and Anr.
Jurisdiction
India
Judgment Date
13 November 1995
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed
Legal Topics
Compassionate Appointment, Death in Harness, Minor Dependent
Service Law Compassionate Appointment Death in Harness Minor Dependent

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Parties

Jagdish Prasad

Appellant

The State of Bihar and Anr.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether a minor dependent can claim compassionate appointment upon attaining majority long after the death of the employee

Ratio Decidendi

Compassionate appointment is meant to relieve immediate hardship following the demise of an earning member. Claim for compassionate appointment by a dependent after attaining majority long after the death is not permissible; such practice would amount to a separate mode of recruitment outside the recruitment rules.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed