MD. ZAMIL AHMED versus STATE OF BLHAR AND ORS.

MD. ZAMIL AHMED versus STATE OF BLHAR AND ORS.

Where compassionate appointment was granted knowingly to a close relative not strictly within policy definition, without fraud or suppression, and after 15 years’ service, termination is unjustified; the State cannot take advantage of its own mistake, must reinstate the appellant with all consequential benefits.

Source-derived case information.

Parties
Appellant: MD. ZAMIL AHMED; Respondent: STATE OF BIHAR AND ORS.
Jurisdiction
India
Judgment Date
05 May 2016
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment Dismissing Appeal; Supreme Court Decision
Outcome
Appeal allowed; termination order quashed; writ petition allowed.
Legal Topics
Compassionate Appointment, Termination of Service, Definition of Dependant, State Policy, Reinstatement, Back Wages
Service Law Compassionate Appointment Termination of Service Definition of Dependant State Policy Reinstatement Back Wages

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Parties

MD. ZAMIL AHMED

Appellant

STATE OF BIHAR AND ORS.

Respondent

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment Dismissing Appeal; Supreme Court Decision

Legal Issues

  1. 1 Whether termination of appellant's compassionate appointment after 15 years, on the ground that brother of deceased does not fall within definition of 'dependant' as per State policy, is justified
  2. 2 Whether appellant is entitled to reinstatement and consequential benefits

Ratio Decidendi

Where compassionate appointment was granted knowingly to a close relative not strictly within policy definition, without fraud or suppression, and after 15 years’ service, termination is unjustified; the State cannot take advantage of its own mistake, must reinstate the appellant with all consequential benefits.

Court Disposition

Appeal allowed; termination order quashed; writ petition allowed.

Orders

  • Appellant reinstated in service with all consequential benefits.
  • Full back wages payable from date of termination till reinstatement.