UNION OF INDIA AND ANR. versus B. KISHORE

UNION OF INDIA AND ANR. versus B. KISHORE

Compassionate appointment can only be granted where the family of the deceased employee is found to be in indigent circumstances; respondent was not indigent and had exceeded age of superannuation, so not entitled under the scheme or general principles.

Parties
Appellant: Union of India; Respondent: B. Kishore
Jurisdiction
India
Judgment Date
06 April 2011
Procedural Posture
Civil Appeal / Appeal by Special Leave From Division Bench Judgment of Madras High Court
Outcome
Appeal allowed; High Court's order set aside
Legal Topics
Compassionate Appointment, Appointment on Compassionate Grounds, Indigency Criterion, Service Rules, Equality Under Constitution
Service Law Constitutional Law Compassionate Appointment Appointment on Compassionate Grounds Indigency Criterion Service Rules Equality Under Constitution

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Parties

Union of India

Appellant

B. Kishore

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Division Bench Judgment of Madras High Court

Legal Issues

  1. 1 Whether indigence is a precondition for compassionate appointment under Central Government Scheme
  2. 2 Whether respondent was entitled to appointment on compassionate grounds despite receipt of terminal benefits and family pension
  3. 3 Whether respondent's case satisfied basic object and purpose of compassionate appointment

Ratio Decidendi

Compassionate appointment can only be granted where the family of the deceased employee is found to be in indigent circumstances; respondent was not indigent and had exceeded age of superannuation, so not entitled under the scheme or general principles.

Court Disposition

Appeal allowed; High Court's order set aside

Orders

  • Order of Madras High Court set aside; respondent not to be included in list of candidates for compassionate appointment
  • No order as to costs