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september 1999

Supreme Court of India · 1999-09-17

W.B.STATE ELEC.BOARD vs SAMIR K. SARKAR

Citation / case number
SC 1998/20275
Court
Supreme Court of India
Petitioner
W.B.STATE ELEC.BOARD
Respondent
SAMIR K. SARKAR
Author
G.B.PATTANAIK C.BANERJEE
Bench
G.B.PATTANAIK C.BANERJEE

Judgment text excerpt

The Supreme Court upheld the Calcutta High Court's decision directing the West Bengal State Electricity Board to consider the appointment of the respondent on compassionate grounds, despite the Board's rejection based on its rules. The Court found that the rule disallowing appointments for employees who die within two years of their scheduled retirement was discriminatory and violated Article 14 of the Constitution. The Court clarified that while compassionate appointments are discretionary, the classification made by the Board was not justified, as it unfairly distinguished between different categories of death.

W.B.STATE ELEC.BOARD vs SAMIR K. SARKAR · Niyam