THE CHIEF COMMISSIONER, CENTRAL EXCISE AND CUSTOMS, LUCKNOW & ORS. versus PRABHAT SINGH

THE CHIEF COMMISSIONER, CENTRAL EXCISE AND CUSTOMS, LUCKNOW & ORS. versus PRABHAT SINGH

A claim for compassionate appointment was not maintainable as the OM dated 5.5.2003 restricted eligibility to within three years of the death of the employee in harness; since Prabhat Singh applied nearly nine years after his father's death and no direct recruitment vacancies existed, he was ineligible for compassionate appointment under applicable norms.

Parties
Appellant: THE CHIEF COMMISSIONER, CENTRAL EXCISE AND CUSTOMS, LUCKNOW & ORS.; Respondent: Prabhat Singh
Jurisdiction
India
Judgment Date
30 November 2012
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal Against High Court Order
Outcome
Appeal allowed; High Court's order set aside
Legal Topics
Compassionate Appointment, Government Service, Eligibility Criteria
Administrative Law Service Law Compassionate Appointment Government Service Eligibility Criteria

Case Brief

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Parties

THE CHIEF COMMISSIONER, CENTRAL EXCISE AND CUSTOMS, LUCKNOW & ORS.

Appellant

Prabhat Singh

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal Against High Court Order

Legal Issues

  1. 1 Whether delay in seeking compassionate appointment negates eligibility under OM dated 5.5.2003
  2. 2 Whether compassionate appointment is permissible beyond 3 years of employee's death
  3. 3 Whether High Court could direct appointment without reference to prescribed norms

Ratio Decidendi

A claim for compassionate appointment was not maintainable as the OM dated 5.5.2003 restricted eligibility to within three years of the death of the employee in harness; since Prabhat Singh applied nearly nine years after his father's death and no direct recruitment vacancies existed, he was ineligible for compassionate appointment under applicable norms.

Court Disposition

Appeal allowed; High Court's order set aside

Orders

  • The impugned order passed by the High Court dated 9.8.2011 directing appointment of Prabhat Singh on compassionate ground is set aside.