News By/Courtesy: Neha Mishra | 19 Nov 2021 16:50pm IST


  • A petition was filed in 1975 for compassionate appointment which was quashed
  • The son of the deceased filed the said petition
  • The appeal was again filed regarding the same petition

The Supreme Court on Thursday held that a relative of a deceased worker can't claim compensation after the passing of a generous period. The apex court was hearing an appeal against the orders by the Orissa High Court and the Central Administrative Tribunal, requesting the Steel Authority of India Limited (SAIL) to reexamine the instance of the second son of the respondent for a sympathetic appointment, 18 years after the passing of his father, the employee who had expired. In 1975, the application for compassionate appointment by the son had already been rejected

. Seeing that the front and centre concern included "an extremely thin compass", the Seat of Judges MR Shah and Sanjiv Khanna noticed that the Council, whose request was maintained by the High Court, had "tragically" guided the litigant to reexamine the case and to designate the second child on sympathetic grounds despite the 18-year delay. It further noticed that the order by the Division Seat of the High Court, which maintained the Council's decision had, not in any manner given a particular independent discovery.

The Supreme Court hence said, " can be seen that except for portraying the entries in the interest of the particular gatherings, there could be no further conversation at every single on legitimacy and there is no conversation at all on delay and laches,". Referring to the Supreme Court's judgements in Punjab State Power Corporation Ltd. and Ors. v. Nirval Singh and State of J&K and Ors. v. Sajad Ahmed Mir, the Court held that the respondent will not be qualified for a compassionate appointment as requested.

It in this manner requested that the decisions and orders passed by the High Court and the Central Administrative Tribunal (Cuttack) be subdued and saved. The respondent's significant other, a worker of SAIL had passed on in the year 1977. The oldest child then, at that point, moved toward public sector undertaking for empathetic arrangement, which was considered according to the plan. But then viz a roundabout dated September 1, 1975, his application was dismissed.

After over 18 years, the widow of the deceased documented a writ petition under the steady gaze of the Supreme Court with an application to delegate her second child on sympathetic grounds, even as the prior application being dismissed was not tested. The Central Administrative Tribunal, Cuttack, in its judgment and request dated November 28, 2019, coordinated the appellant i.e., SAIL to consider for the compassionate arrangement of the subsequent child.

SAIL's writ request under the watchful eye of the Apex Court engaging the equivalent was dismissed by a Division Bench. Feeling aggrieved by the said decision, SAIL moved an appeal to the Supreme Court.

Section Editor: Kadam Hans | 19 Nov 2021 22:46pm IST

Tags : #compassionate #appointment #delay #Supreme Court #SAIL #Central Administrative Tribunal #employee #deceased #High Court #appeal

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