Service -- Compassionate appointment - Lower courts directed the appellant to appoint respondent on the basis of decision given by SC in Canara Bank v M Mahesh Kumar - However, the lower appellate court failed to consider the criteria of stability while directing the appointment of respondent - Decision of lower courts set aside, with direction to appellant to pay Rs. 2.5..........
Service -- Compassionate appointment - Lapse of time - Lapse of time can be major factor for denying compassionate appointment where claim is lodged belatedly - However, if any time limit has been prescribed for making application and claimant applies within such period, lapse of time cannot be assigned as ground for rejection...........
Service -- Compassionate appointment - Lapse of time - Courts below directed appellant to appoint respondent at age of 44 years - Admittedly, delay happened as respondent was perusing his claim first before appellant and thereafter before High Court - Thus, age of respondent cannot be determinative for foreclosing his claim and bar consideration of same on merits...........
Service -- Compassionate appointment - No appointment on compassionate ground ought to be made as if it is a matter of course or right, being blissfully oblivious of laudable object of any policy/scheme in this behalf...........
Service -- Compassionate appointment - Appointment on compassionate ground cannot be granted by applying uniform straight jacket formula to all cases of employees dying in harness - Each case has its own peculiar features and is required to be dealt with bearing in mind financial condition of family...........
Service -- Compassionate appointment - Assessment of financial condition - As per record, deceased had 2 dependents i.e. respondent son and his mother who resided in their own home - Further, deceased was 4 months away from retirement on superannuation and quantum of monthly pension receivable by him was already paid to mother of respondent along with net terminal..........
Service -- Compassionate appointment - Relaxation of age - Relaxation of age is a step to be taken in final stages of entire process and it would arise for consideration provided all other conditions for appointment are satisfied - As per record, family of deceased in not indigent therefore, application process cannot proceed any further, making it impossible to grant..........
Service -- Compassionate appointment - Para 3.2 of Scheme of 1993 should be seen as benevolent clause extending benefit of compassionate appointment even beyond reasonable limits, obviously to cover exceptional cases, for ensuring right of family members of deceased employee to live with human dignity...........
Service -- Compassionate appointment - Courts below directed appellant to appoint respondent on basis of decision given by SC in Canara Bank vs. M Mahesh Kumar - However, Court below failed to consider criteria of stability while directing appointment of respondent - Decision of Courts below set aside, with direction to appellant to pay Rs. 2.5 lakhs to respondent. (Paras..........
Service -- Compassionate appointment - Compassionate appointment is not a vested right for appointment - Said right is not a condition of service of an employee who dies in harness, which must be given to the dependent without any kind of scrutiny or undertaking a process of selection...........
