The court dismissed the appellant's appeal against a Single Judge's order rejecting a claim for compassionate appointment, holding that no such policy existed at the time of the employee's death, despite subsequent payment of ex-gratia amount.
The intra-court appeal filed challenging the Single Judge's order is dismissed.
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Serial No.46
Chief Justice's Court
Case :- SPECIAL APPEAL DEFECTIVE No. - 839 of 2021
Appellant :- Rahul Kumar Respondent :- Chief Manager Baroda
Counsel for Appellant :- Mr. Harish Chandra, Advocate Counsel for Respondent :- Mr. Pradeep Kumar Sinha, Advocate
Hon'ble Rajesh Bindal, Chief Justice Hon'ble Piyush Agrawal, J.
C.M. Exemption Application No. 1 of 2021
For the reasons stated in the application, filing of certified copy of the impugned order is exempted.
The application is allowed.
On Appeal
The order dated March 23, 2021 passed by learned Single Judge has been challenged by filing the present intra-court appeal.
The claim of the appellant for compassionate appointment was rejected. The learned Single Judge has recorded that after the death of the father of the appellant on December 14, 2017, as per the policy existing at that time, payment of₹7,00,000/- was made to the dependents of the deceased employee as exgratia amount. The claim for compassionate appointment was sought to be made on the basis of a policy which was circulated later on, on March 15, 2019. As on the date of the death of the employee, there was no such policy providing for compassionate appointment, there is no error in the order passed by learned Single Judge in dismissing the writ petition when as per the policy existing at that time, ex-gratia amount has admittedly been paid to the family of the deceased employee.
The appeal is, accordingly, dismissed.
Date :- 22.12.2021 AHA/Kuldeep
(Piyush Agrawal, J.) (Rajesh Bindal, C.J.)
2 issues framed by the court
Whether the claim for compassionate appointment succeeds when no such policy existed at the time of the employee's death.
Whether payment of ex-gratia amount precludes rejection of compassionate appointment based on a later policy.
Rahul Kumar
Chief Manager Baroda
Rajesh Bindal
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
