PUNJAB STATE POWER CORPORATION LIMITED & ORS. versus NIRVAL SINGH

PUNJAB STATE POWER CORPORATION LIMITED & ORS. versus NIRVAL SINGH

Compassionate appointment is not a right and must be in accordance with the policy in force; pending applications are to be considered under the new policy; due to delay and abolition of earlier policy, solatium is the only remedy; solatium of Rs. 5 lakhs to be paid.

Parties
Appellant: Punjab State Power Corporation Limited & Ors.; Respondent: Nirval Singh
Jurisdiction
India
Judgment Date
06 May 2019
Procedural Posture
Civil Appeal / Supreme Court Final Order
Outcome
Appeal allowed
Legal Topics
Compassionate Appointment, Delay in Approaching Courts, Policy Change, Solatium in Lieu of Employment
Service Law Compassionate Appointment Delay in Approaching Courts Policy Change Solatium in Lieu of Employment

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Parties

Punjab State Power Corporation Limited & Ors.

Appellant

Nirval Singh

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Order

Legal Issues

  1. 1 Whether there is an inherent right to compassionate appointment under the existing policy
  2. 2 Whether the respondent is entitled to compassionate appointment or solatium under the new policy given the delay and the abolition of the earlier policy

Ratio Decidendi

Compassionate appointment is not a right and must be in accordance with the policy in force; pending applications are to be considered under the new policy; due to delay and abolition of earlier policy, solatium is the only remedy; solatium of Rs. 5 lakhs to be paid.

Court Disposition

Appeal allowed

Orders

  • A sum of Rs. 5 lakhs to be paid to the respondent within two months from the date of order
  • Parties to bear their own costs