Supreme Court: Compassionate employment for heirs of retired employees? An important judgment of the Supreme Court

Supreme Court : Regarding employment on compassionate grounds Supreme Court (Supreme Court) has given an important verdict. The Supreme Court has made it clear that the heir of a retired employee cannot be appointed to the job on the principle of anunkpa. The Supreme Court has given this important judgment in the case of Ahmednagar Municipality vs Ahmednagar Municipal Workers Union. 

Take it to the Supreme Court. M. R. Shah and Nya. B. V. Nagarathanna’s bench has given this important verdict. The Supreme Court also held that there is no permanent formal authority on compassionate appointment. The court in its judgment said that the heir of a retired employee cannot be given compassionate employment.  Giving jobs on compassionate grounds will not provide employment opportunities to others. The Supreme Court pointed out that no matter how well-educated and qualified an outside candidate is, he will not get a job opportunity under this rule. 

Giving jobs with inheritance rights is not a part of any scheme. Apart from that, the Supreme Court also held that such employment is violative of Articles 15 and 15 of the Constitution of India. 

This judgment of the Supreme Court has set aside the judgment given by the Industrial Court and the Bombay High Court bench. In the year 2016, the Industrial Court had ordered to give employment to the heir of the retired, terminated employee. A challenge was filed against it in Bombay High Court. However, the Aurangabad Bench of the High Court dismissed the appeal. After that Ahmednagar Municipal Corporation rushed to the Supreme Court. 

Industrial Court passed the decision as per the provisions of the 1981 Act, however, in 2003 Ahmednagar Municipal Council was converted into a Municipal Corporation. So employees Maharashtra Govt rules came into effect. As per state government rules, there is no provision for compassionate employment to heirs of retired employees. 

In the year 2005, the Industrial Court had ordered the employment of the heirs of the employee after his death. These orders were not issued in respect of retired employees. 

Rejecting the decision of the Industrial Court and Aurangabad Bench of the Bombay High Court, the Supreme Court said that while giving compassionate employment to the heir of a deceased employee, it is necessary to apply various criteria including financial status of the family, financial dependency.

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