Skip to content


Union of India (Uoi) and ors. Vs. K.P. Tiwari - Court Judgment

SooperKanoon Citation
SubjectLabour and Industrial
CourtSupreme Court of India
Decided On
Judge
Reported in[2002(92)FLR340]; JT2001(10)SC264; (2002)ILLJ672SC; (2003)9SCC129
AppellantUnion of India (Uoi) and ors.
RespondentK.P. Tiwari
DispositionAppeal dismissed
Excerpt:
- joint family property: [s.b. sinha & deepak verma, jj] lease deed recorded in name of one member of mitakshara coparcenary - no evidence to show that lease was granted to coparcener in his individual capacity or after joint family has disrupted held, lease land would vest in joint family-mitakshara coparcenary being a separate entity property once vest in it would continue to vest in it irrespective of death of one or other coparceners. .....another application when the various circumstances of the death of the father of the respondent, brother being in employment and living separately not supporting the family of the respondent, were considered and the matter had been pending consideration for a long time and in view of the special circumstances directed that the respondent be provided with an employment within one month from the date of the receipt of the order.3. during the pendency of these proceedings by an order made on october 1, 1996, the respondent has already been provided with an employment subject to the result of these appeals.4. it is unnecessary in this case to examine either question of law or fact arising in the matter. suffice to say that the respondent has been appointed now and has been in service for.....
Judgment:
ORDER

1. The respondent applied for employment with the appellant on compassionate ground on the grounds that his father died in harness and his family was in dire circumstances. He also indicated that his elder brother, who is an employee of the Madhya Pradesh Electricity Board is residing separately and has his own family. However, the appellants having rejected the application made by the respondent, the matter was carried to the Central Administrative Tribunal, Jabalpur Bench, Jabalpur.

2. The Tribunal in the first instance merely directed to consider the case of the respondent afresh for appointment on compassionate grounds in relaxation of the educational qualification on merits and the matter was disposed of. Thereafter, the said order was reviewed by another application when the various circumstances of the death of the father of the respondent, brother being in employment and living separately not supporting the family of the respondent, were considered and the matter had been pending consideration for a long time and in view of the special circumstances directed that the respondent be provided with an employment within one month from the date of the receipt of the order.

3. During the pendency of these proceedings by an order made on October 1, 1996, the respondent has already been provided with an employment subject to the result of these appeals.

4. It is unnecessary in this case to examine either question of law or fact arising in the matter. Suffice to say that the respondent has been appointed now and has been in service for more than five years. We do not think, it would be appropriate to disturb that state of affairs by making any other order resulting in uprooting the respondent from his livelihood.

5. In that view of the matter, we decline to interfere with the order made by the High Court. The appeals are accordingly dismissed.


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //