82 High Court Judgments from January 2022: High Courts Monthly Roundup
82 Judgments from the High Courts of the Country, you wouldn’t want to miss. Here’s a short recap from the month of
compassionate appointment
Daughter-in-law who obtains compassionate appointment by stating that she will take responsibility of her mother-in-law is bound by that undertaking: Cal HC
Calcutta High Court: 80-year-old widow approaches Court to seek direction towards her daughter-in-law to provide for her maintenance as she had taken
HP HC | Compassionate appointment is not a matter of right but subject to policy changes; appointment rightly rejected to son as mother is already employed with PWD
Himachal Pradesh High Court: A Division Bench of Sabina and Satyen Vaidya JJ. dismissed the petition on grounds of non-interference. The facts
Compassionate Appointment| Applicability of Scheme in force on date of employee’s death OR date of consideration of the application? SC resolves the conflict
“A rule of interpretation which produces different results, depending upon what the individuals do or do not do, is inconceivable.”
AFT | Where lesser age is recorded in school certificate than the actual age; correct date of birth will be the one recorded by the parents in service records
Armed Forces Tribunal: Resolving a date of birth related controversy, the Division Bench of Justice Umesh Chandra Srivastava and Vice Admiral Abhay
Explained| Can dependent seek Compassionate appointment to a post higher than what was held by the deceased employee?
Appointment on compassionate ground is a concession and not a right.
Tri HC | There is a duty to make a clean disclosure while applying for compassionate appointment; Court dismisses petition
Tripura High Court: The Division Bench of Akil Kureshi, CJ. and S.G. Chattopadhyay, J., dismissed a petition which challenged an order passed
Retrospective seniority from a date when employee was not even borne in service? A big no, holds Supreme Court
Supreme Court: The bench of R. Subhash Reddy and Hrishikesh Roy*, JJ has held that retrospective seniority cannot be claimed from a
Daughter gets divorced right after parent’s death. Can she claim compassionate appointment? SC explains
Supreme Court: In a case where a woman had sought compassionate appointment after her mother’s death in the year 2012, the bench
CAT | Can family pension be equated with a compassionate appointment? Can employer deny grant of one benefit because the other one was refused by beneficiary? Tribunal answers
Central Administrative Tribunal: Mohd. Jamshed, Member (A), held that compassionate appointment cannot be equated with family pension. Slamming the respondents for their
Kar HC | “There can be illegitimate parents, but no illegitimate children.” HC analyses whether a ‘son’ born out of void marriage be considered for compassionate appointment
Karnataka High Court: A Division Bench of B.V Nagarathna and Hanchate Sanjeev Kumar, JJ. allowed the petition and remarked: “no child is
[Compassionate Appointment] Raj HC | Denial of compassionate appointment on fathering third child? Court analyzes Rules of Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant
Rajasthan High Court: Dinesh Mehta, J., dismissed a petition which was filed aggrieved by the denial of compassionate appointment by communication dated
Kar HC | “What sauce is good for the goose is good for the gander”; State under mandatory obligation for immediate consideration of compassionate appointment applications
Karnataka High Court: M Nagaprasanna, J., allowed the petition and quashed the impugned endorsement. The petitioners in the instant writ petition challenge
Explained| Can compassionate appointment be given years after the death of the employee? What happens in case of employee’s civil death?
The Court was hearing a case where a woman had sought compassionate appointment for her son 10 years after her husband had gone missing.
[MV Act] Ori HC | Does compassionate appointment given to the widow allow deductions in compensation granted? HC decides
Orissa High Court: Biswanath Rath, J. dismissed both appeals being devoid of merits. The facts of the case are such that the
Megh HC | Will a minor at the time of death of a deceased employee be entitled to claim compassionate appointment upon attaining majority? HC answers
Meghalaya High Court: H. S. Thangkhiew J., dismissed the writ petition being devoid of merits. The facts of the case are such
All HC | A Posthumous child who was still in his mother’s womb while his father passed away, would he be entitled to compassionate appointment on attaining majority under Rules of 1974? Court explains
Allahabad High Court: J.J. Munir, J., addressed an issue with regard to whether a posthumous child is entitled to compassionate appointment under
Jhar HC | Compassionate Appointment cannot be granted after a lapse of reasonable period which must be specified in the rules; petition dismissed allowing monetary compensation
Jharkhand High Court: S.N. Pathak, J., while dismissing the present petition, reiterates, “Compassionate Appointment is a concession and not a right.” Husband
HP HC | Whether a daughter upon marriage ceases to be a part of the family for the purpose of seeking compassionate appointment against her deceased father; HC elucidates
Himachal Pradesh High Court: A Division Bench of Sureshwar Thakur and Chander Bhusan Barowalia JJ., while allowing the present petition said, “Marriage
Gau HC | Claim for compassionate appointment can either be rejected or accepted as per law, but once it is accepted appointment is understood to be regular appointment
Gauhati High Court: Achintya Malla Bujor Barua J., while allowing the present petition for regularization, placed reliance upon the judgment dated 13-03-2019