Writ petition challenging rejection of compassionate appointment claim. Court dismissed petition noting deceased was a terminated employee, not one who died while in service, thus no legal right existed.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (S) No. 493 of 2015
Vikas Kumar Singh S/o Late Lalan Kumar Singh Aged About 24 Years R/o Village Shivnandanpur, Post Office Bishrampur, Police Station Bishrampur, District Surajpur ( Chhattisgarh)
---- Petitioner
Versus
------Respondents
For Petitioner: Shri VK. Pandey along with Ms. Neha Verma, Advocate. For Respondents: None.
Single Bench: Hon'ble Shri P. Sam Koshy, J Order On Board
22.1.2016
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which, vide the impugned order has been rejected. Admittedly, the status of the deceased/employee as per the office record would show as a terminated employee and unless the order of termination is not quashed by the Respondents, the Petitioner would not have any right for claiming the compassionate appointment. The order of termination of the Petitioner even if wrongly issued unless it is set aside, it will be accepted to be good. In the instant case, the order of termination is not under challenge only the order of rejection of compassionate appointment is what is under challenge.
“...If disciplinary proceedings have been initiated against an employee and the charges levelled against such employee are proved and he is punished, it is indeed a relevant consideration for not extending the benefit to a dependant of such employee on the ground that he was punished. Compassionate appointment is really a concession in favour of dependants of a deceased employee. If during his career, he had committed illegalities and misconduct is proved and he is
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punished, his dependants cannot claim right to the employment. Such an action is not violative of the principles of natural justice. Past conduct of an employee is undoubtedly an important consideration.....”
Sd/-
(P. Sam Koshy)
JUDGE
Priya
1 issue framed by the court
Whether a petitioner is entitled to compassionate appointment when the deceased father's services were terminated due to unauthorized absence prior to death.
Colour shows how this judgement treated each authority
General Manager, State Bank of India and Others vs. Anju JainRelied on¶20
(2008) 8 Supreme Court Cases 475
Vikas Kumar Singh
South Eastern Coalfields Limited
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
