Union of India & Ors. vs Amrita Sinha

Court

Supreme Court of India

Date

11 December 2021

Case No.

Civil Appeal Nos 7640-7641 of 2021

Result

Allowed

Bench

D.Y. Chandrachud, A.S. Bopanna

Citation

[2021] 9 S.C.R. 602 : 2021 INSC 868

Headnote

Service Law – Compassionate Appointment – Held: In evaluating a claim for compassionate appointment, it is open to the authorities to evaluate the financial position of the family upon the death while in service – If the scheme requires that the family pension must be taken into account in evaluating the merits of an application seeking compassionate appointment, it has to be followed. Service Law – Compassionate appointment – Nature of – Held: It is not a matter of right, but is to enable the family to tide over an immediate crisis which may result from the death of the employee.

The following Order of the Court was passed: ORDER 1. Delay condoned. 2. Leave granted. 3. The Division Bench of the High Court of Judicature at Madras, by its judgment dated 26 April 2018, has affirmed the judgment and order of the Central Administrative Tribunal1, directing the appellants to “Tribunal” reconsider the claim of the respondent for appointment on compassionate grounds for a post corresponding to her qualifications against vacancies for 2014-15. 4. The spouse of the respondent was holding the rank of Sargent in the Indian Air Force. During the course of his employment, he

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