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Supreme Court of India 2022-05-20 allowed

Malaya Nanda Sethy vs State of Orissa and others

Bench: 2 — M.R. Shah

In Brief

A government employee died in service in 2010. His son applied for compassionate ground employment in 2010 under the applicable 1990 Rules, meeting all eligibility criteria. The application remained pending for over a decade due to departmental delay. In 2020, before a decision was made, new Rules were introduced offering less favourable terms. The Supreme Court held that the son should be appointed under the 1990 Rules that were in force when he applied, as he bore no responsibility for the departmental delay. The Court emphasised that applicants should not be penalised for departmental inaction, and directed that compassionate appointment applications must be decided within six months.

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Compassionate Ground Appointment Administrative Law Government Employment Remedies for Delay Statutory Rules and Regulations

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