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Supreme Court of India 2021-09-28 partly_allowed

THE CHIEF GENERAL MANAGER, TELECOMMUNICATION, BSNL & ORS vs VIDYA PRASAD

Bench: 2 — Ajay Rastogi, Abhay S Oka

In Brief

A telephone mechanic's son applied for compassionate appointment after his father's death in service, submitting his application in 2004-2005 when he was eligible under the 1998 Scheme. The application remained pending for years and was rejected in 2007 under a new, stricter Scheme introduced during the pendency. By the time the High Court heard his case, the applicant had passed age 50, making employment impractical. The Supreme Court held that administrative delay attributable to the employer had denied him fair consideration of his legitimate entitlement. While employment was no longer viable, the Court awarded Rs. 5 lakhs compensation, reduced from the High Court's Rs. 10 lakhs, recognizing the gross injustice caused by the employer's inaction.

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Administrative Law Employment Law Compassionate Appointment Delay and Denial of Justice Government Schemes

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