Search Results for "incapacitated"

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Search Results for "incapacitated"

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Supreme Court

Supreme Court Allows Compassionate Appointment Claim in Insurance Company Case — Employer Cannot Delay Processing of Medical Retirement Application to Defeat Dependent's Claim. The Court held that the employer cannot take advantage of its own delay in processing a medical retirement application submitted before the employee crossed the age threshold of 55 years under the Scheme for Compassionate Appointment in Public Sector General Insurance Companies.

1 Jan 2026

The appeal arose from a judgment of the Bombay High Court (Nagpur Bench) dismissing a writ petition filed by the appellants, who sought compassionate ...

Supreme Court

Supreme Court Upholds Compassionate Appointment Claims for Municipal Employees Under Specific Circulars. The court held that Circular Nos. 301-Emp., 302-Emp., and 303-Emp. under the West Bengal Regulation of Recruitment in State Government Establishments and Establishments of Public Undertakings, Statutory Bodies, Government Companies and Local Authorities Act, 1999, provide a scheme for compassionate appointments in municipalities, and applications must be considered accordingly, distinguishing municipal employees from State Government employees.

27 Apr 2025

The appeal arose from a batch of cases concerning compassionate appointment claims by heirs of deceased employees of Burdwan, Ranaghat, and Habra Muni...

Supreme Court

Supreme Court Dismisses State's Appeal in Seniority Dispute Under Karnataka Civil Services Rules. Transfer of Government Employee at Own Request with Consent to Specific Seniority Terms Governs Seniority Fixation in New Post, Not Original Appointment Date.

25 Mar 2025

The dispute arose from the transfer of a government employee from the post of Staff Nurse to First Division Assistant in the Karnataka State services....

High Court

Bombay High Court Dismisses Insurer's Appeal Against Compensation Award for Driver's Permanent Disablement. Employer and Insurer Held Jointly and Severally Liable Under Employees' Compensation Act, 1923.

10 Jan 2022

The appeal arises from a judgment and award dated 7th February 2020 passed by the learned Commissioner for Employees' Compensation and Judge, Tenth La...

High Court

Bombay High Court Allows Writ Petition for Compassionate Appointment in Central Bank of India — Scheme for Incapacitated Employees Must Be Considered. The court directed reconsideration of claim for compassionate appointment under the Sir Sorabji Pochkhanawala Memorial Death Relief Scheme for Employees of Central Bank of India, as the employee was permanently incapacitated.

4 Aug 2021

The petitioner, Nitin s/o Yohan Arawade, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus to q...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Tribunal's Order on Compassionate Appointment Due to Delay. Claim for compassionate appointment after 12 years of death of employee rejected as the purpose of the scheme is to provide immediate relief.

2 Jan 2019

The petitioner, Mehboob, son of Syed Hussain, a 'D' Group employee in the Department of Animal Husbandry and Veterinary Services, filed a writ petitio...

High Court

High Court of Karnataka Dismisses Writ Petition Seeking Compassionate Appointment — No Right to Claim After Lapse of Scheme and Inordinate Delay. The court held that compassionate appointment is not a vested right and cannot be granted under a lapsed scheme.

2 Jan 2019

The petitioner, Mehboob, son of Syed Hussain, a 'D' Group employee in the Department of Animal Husbandry and Veterinary Services, filed a writ petitio...

High Court

Bombay High Court Dismisses State's Petition Challenging Compassionate Appointment for Heirs of Employee Retired on Invalid Pension. Rule 80 Retirement and Exclusionary G.R. Held Arbitrary and Unconstitutional.

24 Oct 2018

The case involves a challenge by the State of Maharashtra against an order of the Maharashtra Administrative Tribunal (MAT) allowing the original appl...

High Court

Bombay High Court Allows Insurance Company's Appeal in Employee Compensation Case — Remands for Reassessment of Disablement. Commissioner's finding of total disablement set aside as loss of one eye and leg movement does not automatically constitute total disablement under Section 4(1)(b) of Employee's Compensation Act, 1923.

1 Mar 2017

The appellant, Royal Sundaram Alliance Insurance Company Limited, challenged the judgment and order dated 18 February 2012 passed by the Commissioner ...

High Court

Bombay High Court Allows Writ Petition for Invalidity Pension Under Employees' Pension Scheme, 1995 — Employee Suffering Total and Permanent Disablement Due to Accident Entitled to Pension Despite Not Being in Service at Time of Application. The Court held that the condition of being in service at the time of application is not a precondition for invalidity pension under Section 16 of the Employees' Pension Scheme, 1995, as the disablement occurred while the employee was in service.

23 Mar 2005

The petitioner, Avinash Anant Vaidya, was employed as a Sales Manager with M/s Kopran Limited since 1995. He had a touring job and would travel across...

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