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Showing posts with label
the scheme for compassionate appointment
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Showing posts with label
the scheme for compassionate appointment
.
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Saturday, December 15, 2012
the scheme for compassionate appointment=In view of the above settled position of law and the fact that the memorandums could not be given retrospective effect, we do not consider it appropriate to interfere with the judgment of the High Court. The spirit of the Scheme was to provide relief to the family members of the deceased persons and thus on the yardstick of social justice, such relief cannot be withdrawn on the ground of some alleged discrepancy which has not been supported by any data, is unreasonable and therefore, even unsustainable. The appellants must state appropriate reasons and provide the expected data on record if they expect the Court to come to a different conclusion. As already noticed, the appellants have miserably failed to place any such data on the basis of the Memorandum dated 14th June, 2006.we dismiss all these appeals and further issue the following directions; A) The appointments of the respondents will not be interfered with by the appellants on the strength of the memorandum dated 4th July, 2002. B) The Office Memorandum dated 16th May, 2001, 14th June, 2006 and 4th July, 2002 have in relation to the 1998 Scheme for Compassionate Appointment caused some confusion on the one hand and while on the other they have prejudicially affected the rights of large number of heirs of the employees who died in harness. Thus, we direct the appellants to issue comprehensive, certain and unambiguous directions which shall put an end to such unnecessary controversies. 31. However, there shall be no orders as to costs.
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REPORTABLE IN THE SUPREME COURT OF INDIA ...
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