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september 2012

Supreme Court of India · 2012-09-14

State Of Gujarat & Ors vs Arvindkumar T.Tiwari & Anr

Citation / case number
AIR 2012 SUPREME COURT 3281
Court
Supreme Court of India
Petitioner
State Of Gujarat & Ors
Respondent
Arvindkumar T.Tiwari & Anr
Author
B.S. Chauhan
Bench
Fakkir Mohamed Ibrahim Kalifulla, B.S. Chauhan

Judgment text excerpt

The Supreme Court upheld the High Court's decision that the new eligibility criteria for compassionate employment, as per the notification dated 16.3.2005, do not apply retrospectively to cases where the employee died before the notification. The Court emphasized that the compassionate appointment policy aims to alleviate financial distress for families of deceased employees, and thus, respondent No.1's application should be considered under the rules in force at the time of his father's death. The appeal by the State of Gujarat was dismissed, affirming the High Court's order to reconsider the application without the new eligibility constraints.

State Of Gujarat & Ors vs Arvindkumar T.Tiwari & Anr · Niyam