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march 2011

Supreme Court of India · 2011-03-11

Bhawani Prasad Sonkar vs Union Of India & Ors

Citation / case number
2011 AIR SCW 2039
Court
Supreme Court of India
Petitioner
Bhawani Prasad Sonkar
Respondent
Union Of India & Ors
Author
D.K. Jain
Bench
H.L. Dattu, D.K. Jain

Judgment text excerpt

The Supreme Court held that the Railway Board Circular dated 29th November, 2001, which governs compassionate appointments, requires that an employee must not choose to retire before alternative employment is offered. The Court clarified that the compassionate appointment cannot be granted if the employee voluntarily opts for retirement after being declared medically unfit, as per the provisions of the Railway Board Circulars and the Persons with Disabilities Act, 1995. The appeal was dismissed, affirming the High Court's decision that the appellant did not meet the necessary conditions for compassionate appointment.

Bhawani Prasad Sonkar vs Union Of India & Ors · Niyam