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Supreme Court of India 2018-05-12 allowed

Supriya Suresh Patil @ Sow Supriya Pratik Kadam vs State of Maharashtra & Ors

Bench: 2 — Kurian

In Brief

A widow's daughter sought compassionate appointment after her mother was empaneled under the Compassionate Appointment Scheme but rejected solely for exceeding age limits. The High Court dismissed her plea, reasoning that the family had survived for over ten years and thus faced no immediate necessity. The Supreme Court held that mere survival duration cannot be the primary ground for rejection—consideration must include how the family survived (by hardship or other difficult means). Exercising Article 142 jurisdiction for complete justice, the Court modified the High Court's judgment and directed that the daughter be considered for compassionate appointment, given the peculiar circumstances.

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Constitutional Law Administrative Law Employment Law Compassionate Appointment Social Security Article 142

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