2025 SCC Vol. 5 Part 5
2025 SCC Vol. 5 Part 5: Explore the latest Supreme Court Cases on Administrative Law, Arbitration, Constitution, Income Tax, Criminal Law, Prevention of Money Laundering, and Service Law.
compassionate appointment
Rajasthan High Court | Appointed on compassionate ground; terminated after 15 years for having 3 children: A travesty of Justice
“Terminating the services of an employee appointed on compassionate grounds after 15 years, on the basis of ineligibility at the time of appointment, amounts to a travesty of justice, especially when no fraud or suppression of facts is alleged.”
Know Thy Newly Appointed Supreme Court Judge: Justice Vijay Bishnoi
Justice Vijay Bishnoi, known for his commitment to upholding constitutional principles and ensuring procedural fairness, took oath of office as Judge of Supreme Court of India in May 2025.
Madras High Court cracks down on bureaucratic inaction in compassionate appointments; Initiates contempt proceedings
“The present issue is a classic example of the lethargic attitude of several bureaucrats. It appears that they have no concern towards the common man and poor litigants, who are approaching the Court for justice.”
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A quick legal roundup to cover important stories from all High Courts this week.
‘Compassionate appointment policy cannot be misused’; Gujarat HC rejects plea of mother seeking compassionate appointment for major son from LIC
“The only aim or intention of the petitioner was to get a compassionate appointment for her son in one way or the other, i.e., without disclosing the true and correct facts regarding the financial condition of her family.”
‘Adoption of Hindu child into Hindu family can be made even without a registered deed’; P&H HC denies grant of compassionate appointment to adopted daughter
The Court held that the adopted daughter could not be denied compassionate appointment because of a school certificate that mentioned the names of the original parents and not the deceased employee, due to the non-presentation of a registered adoption deed for change of parents’ names in school records.
Compassionate appointment to be considered in “hand-to-mouth” cases where family struggles to pay basic expenses, if other conditions are satisfied: SC
“Judicial decisions abound that in deciding a claim for appointment on compassionate grounds, the financial situation of the deceased employee’s family must be assessed. In a situation otherwise, the purpose of the scheme may be undermined; without this evaluation, any dependent of an employee who dies while in service might claim a right to employment as if it is heritable.”
Compassionate appointment can only be granted after DIOS approval, not by Management of the Institution: Allahabad High Court
“The petitioner has a right to be considered for compassionate appointment but cannot be granted relief in the terms that he has prayed. The relief would have to be suitably moulded to give effect to the petitioner’s rights, otherwise well founded”
Dependent widowed daughter is still daughter and falls within ambit of ‘dependent family’, eligible for compassionate appointment: Allahabad HC
“If a married son is eligible for compassionate appointment if he was dependent upon his father at the time of his death unless he had his own means of livelihood, then, there is no reason as to why a married daughter who is similarly placed, i.e., if she was dependent upon her father, should not be eligible for compassionate appointment under the aforesaid scheme.”
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A quick legal roundup to cover important stories from all High Courts this week.
Compassionate Appointment | ‘Family’ defined as a matter of policy to exclude daughter-in-law; Courts can’t expand/constrict the statutory definition: Karnataka HC
Considering the contention to read down R. 2(b)(ii) of Karnataka Civil Services (Appointment on Compassionate Grounds) (Amendment) Rules, 2021, the Court pointed out that who all can lay a claim for compassionate appointment, is a matter of public policy that falls within the domain of the lawmaker, and Courts being the legislature’s coordinate branch, cannot run a race of opinions.
Bombay HC upholds rejection of compassionate appointment to deceased Junior Clerk’s son due to delayed application
The Court referred to Ahmednagar Mahanagar Palika v. Kamgar Union, (2022) 10 SCC 172, and State of West Bengal v. Debabrata Tiwari, 2023 SCC OnLine SC 219, wherein the Supreme Court held that the object of compassionate employment is to tide over a sudden crisis, and the application for grant of appointment on compassionate basis should not be considered after a prolonged delay; the sense of urgency should not be lost.
[Noon Meal Scheme] Madras HC quashes Govt. Order excluding male heirs from compassionate appointment as illegal and violative of Art. 14 and 16 of Constitution
If 100% of the vacancies in a particular department is reserved only for women, then, the applications have to be forwarded to the District Collector or to the Personnel and Administrative Reforms Department as the case may be, to be considered under the general pool for being appointed in other suitable posts for compassionate appointment.
Age Evidence Must Be Assessed Before Ordering Ossification Test; Calcutta High Court remands Compassionate Appointment Application
The Single Judge failed to consider that the writ petitioner was canvassing his age based on documentary evidence. Such documentary evidence of age was required to be assessed prior to directing the ossification test to be undertaken.
Candidate claiming compassionate appointment cannot be given second chance to qualify physical efficiency test after failing it once: Allahabad HC
“Appointment under a compassionate scheme is not meant to be an alternate source of recruitment. It is essential to reach immediate succor to a bereaved family, as the sudden passing away of a government servant creates a financial vacuum and it is to lend a helping hand to the genuinely needed members of the bereaved family that an appointment is provided.”
Jharkhand HC directs Central Coalfields Limited to constitute Medical Board to determine age of man seeking compassionate appointment on his father’s death
The exclusion of one class of legitimate children from seeking compassionate appointment merely on the ground that the mother of the applicant was a plural wife of the deceased employee would fail to meet the test of a reasonable nexus with the objective sought to be achieved.
Dismissal of married daughter’s candidacy for compassionate appointment is arbitrary and violative of Constitution: Orissa HC reiterates
The policy of the State Government which disqualifies a ‘married’ daughter and excludes her from consideration for compassionate appointment, apart from being arbitrary and discriminating, is a retrograde step.
[Compassionate appointment] Madras High Court directs District Education Officer to provide job to son of deceased Head Mistress
After perusing the Government order of the Labour and Employment Department, Madras High Court noted that the family pension of the deceased employee need not be considered while assessing the family’s income.
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