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Supreme Court Rules No Compassionate Job if Retiral Benefits Accepted

15Jan

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules No Compassionate Job if Retiral Benefits Accepted

The Supreme Court ruled that for a missing person, the date of civil death is legally presumed to be after seven years from disappearance, not the date they went missing, as per Section 108 of the Indian Evidence Act, 1872. A court decree declaring death merely recognizes this presumption without fixing an earlier date. This legal presumption is central to claims dependent on establishing the date of death. Facts Of The Case: The case involved a claim for compassionate appointment by Shubham, the son of Gulab Mahagu Bawankule, an employee of the Nagpur Municipal Corporation. Gulab went missing on September 1, 2012. During the period of his disappearance, he was treated as being in continuous service and was duly retired on January 31, 2015. His family received all retiral ben...

Supreme Court Rules: “Vacancies Can Increase After Advertisement” – Quashes Illegal Terminations from 2008

The Supreme Court held that appointments made in excess of originally advertised vacancies are permissible under the rules if filled from a valid waiting list within a reasonable period, typically the recruitment year or the succeeding year. Terminations based solely on the "excess vacancy" ground were found unjustified when such appointments align with the recruitment rule's intent and the advertisement's stipulation that vacancy numbers were subject to change. Facts Of The Case: The case involved four appellants who were appointed to Class IV posts in the District Judgeship of Ambedkar Nagar, Uttar Pradesh, in 2001 against an advertisement that notified twelve vacancies but included a rider that the number of posts could increase or decrease. In 2008, their services were te...

Supreme Court Slams “Ad-hocism”: Orders Regularization of Employees After 30+ Years of Service

This Supreme Court judgment reaffirms that the State, as a constitutional employer, cannot deny regularization of perennial work performed by long-serving ad hoc employees. Arbitrary refusals to sanction posts based on financial constraints violate Articles 14, 16, and 21. The Court mandated the creation of supernumerary posts for regularization, emphasizing that outsourcing cannot justify exploitation or circumvent the duty to provide fair and secure employment. Facts Of The Case: The appellants were engaged as daily wage employees (Class-III Driver and Class-IV Peons/Attendants) by the U.P. Higher Education Services Commission between 1989 and 1992. They performed regular, perennial duties essential to the Commission's functioning. In 1991, the Commission itself resolved to create four...