Supreme Court of India Judgements

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Category: Compassionate Appointment

Compassionate Appointment

Appointment on compassionate grounds is not automatic, but subject to strict scrutiny of various parameters including the financial position of the family, the economic dependence of the family upon the deceased employee and the avocation of the other members of the family – Therefore, no one can claim to have a vested right for appointment on compassionate grounds – Application of the respondent for compassionate appointment shall stand dismissed.

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE SECRETARY TO GOVT. DEPARTMENT OF EDUCATION (PRIMARY) AND OTHERS — Appellant Vs. BHEEMESH ALIAS BHEEMAPPA — Respondent ( Before : Hemant Gupta and…

Compassionate Appointment

Once it is proved that in spite of the death of the breadwinner, the family survived and substantial period is over, there is no need to make appointment on compassionate ground at the cost of the interests of several others ignoring the mandate of Article 14 of the Constitution

Nov 21, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STEEL AUTHORITY OF INDIA LIMITED — Appellant Vs. GOURI DEVI — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. ) Civil Appeal…

Compassionate Appointment

Compassionate Appointment–Death not claimed to be due to accident–Settlement providing that the death of the bread earner should have occurred `due to an accident arising out of and in course of employment’, as in this case, the employee had not died due to an accident–His dependents not entitled to appointment.

Jun 13, 2021 sclaw

2009(2) LAW HERALD (SC) 751 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 6159 of 2008…

Compassionate Appointment

“….. that there cannot be any inherent right to compassionate appointment, it is a right based on certain criteria, especially to provide succor to a needy family. This has to be in terms of the applicable policy as existing on the date of demise, unless a subsequent policy is made applicable retrospectively.” HELD held that a ‘permanent’ classification does not amount to regularisation.

Sep 30, 2020 sclaw

There cannot be any inherent right to compassionate appointment, the Supreme Court has reiterated in a judgment delivered on Tuesday. The court allowed an appeal filed by the State of…

Compassionate Appointment

S C O I  Directs Compassionate Appointment In 21 Yrs Old Case, HELD Section 108 Evidence Act, stipulates that when the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is shifted to the person who affirms it.

Jul 20, 2020 sclaw

   Section 108 stipulates that when the question is whether a man is alive or dead, and it is proved that he has not been heard of for seven years…

Compassionate Appointment

Compassionate Appointment–If there is no Scheme providing compassionate appointment , any appointment on such ground would be illegal. Compassionate Appointment–Such appointment cannot be granted to a person other than those for whose benefit the exception has been carved out.

Jun 4, 2017 sclaw

  2007(4) LAW HERALD (SC) 3141 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 429 of…

Service Matters
Compassionate Appointment

Compassionate Appointment–Compassionate appointment can be given only in terms of the Scheme, executive instructions, rules etc framed by the Employer in this regard. Compassionate Appointment–Even hardship of the dependent does not entitle him to claim compassionate appointment de hors the Scheme or the statutory provisions as the case may be.

Jun 4, 2017 sclaw

2007(4) LAW HERALD (SC) 3137 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice B.Sudershan Reddy Civil Appeal No. 743 of 2007…

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Constitution Service

Classification of Military casualties and the eligibility for Liberalised Family Pension — Battle Casualty —Illness Caused by Extreme Climatic Conditions as Battle Casualty — The Court establishes that a soldier’s death due to illness resulting from extreme climatic conditions while on duty near a sensitive border area (such as the Line of Control) can be categorized as a ‘Battle Casualty’ — This expands the interpretation of what constitutes a battle casualty under military regulations. – Liberalised Family Pension (LFP) — Application of Category E (f) — The judgment clarifies that deaths occurring in war-like situations, including those near international borders or lines of control due to environmental stresses, fall under clause (f) of category E of the relevant military order — This broadens the scope of eligibility for LFP under such circumstances.

Dec 8, 2024 sclaw
Constitution

Temple Bye Laws — Oachira Parabrahma Temple — Ancient structure without a building or deity, governed by Bye-laws with three-tier elected committees — Appellants, elected Secretary and President, challenged two High Court orders (2020 and 2023) that removed their committee and appointed an unelected one under an Administrative Head, citing violations of the temple’s Bye-laws and customs —Legality of appointing an unelected committee and removing the elected one contrary to the temple’s Bye-laws — Petitioner argues that the High Court overstepped its jurisdiction and violated the temple’s governance structure by appointing an unelected committee and removing the elected one without proper legal basis — The High Court’s actions were necessary for the efficient administration of the temple until a scheme could be framed and new elections held — The Supreme Court modified the High Court orders, appointing a new retired Judge as Administrative Head to conduct fair elections within four months, while directing all parties to cooperate — The Court emphasized the need to preserve temple properties and governance as per established customs and laws — The Supreme Court struck down the High Court’s order appointing an unelected committee, appointed a new Administrative Head to conduct elections, and directed all parties to cooperate, emphasizing the importance of adhering to the temple’s established governance structure and Bye-laws.

Dec 8, 2024 sclaw
Acquittal

Evidence Act, 1872 — Section 27 — Penal Code, 1860 (IPC) — Sections 384, 364, 302 and 201 — Murder — Circumstantial Evidence — The Supreme Court acquitted the appellant of murder charges as the prosecution failed to prove the crucial link of the accused’s disclosure leading to the discovery of skeletal remains under Section 27 and the DNA evidence was also found to be inconclusive due to lack of proper collection of samples. – Proof of Disclosure Statements under Section 27 — Voluntariness and Uninfluenced Nature — The Court reiterates that the information provided by an accused under Section 27 must be voluntary and uninfluenced by threat, duress, or coercion.

Dec 8, 2024 sclaw
Acquittal

Arms Act, 1959 — Sections 25, 54 and 59 — Buttondar knife — Specific Intent Required — The court clarifies that mere possession of a knife covered by a notification like the DAD Notification is not sufficient to constitute an offense under the Arms Act — There must be specific intent to use it for the prohibited purposes such as “manufacture, sale, or possession for sale or test.” – The prosecution must clearly allege and prove the intent of the accused to use the weapon for the specified prohibited purposes — Absence of such allegation in the charge-sheet renders the proceedings defective.

Dec 8, 2024 sclaw