The Supreme Court on Monday ruled that it was unconstitutional to designate heirs of retired or retired employees. The Supreme Court stated that it was a violation of Articles 14 and 15 of the Constitution. A bench by Judge MR Shah and Judge BV Nagarathna noted that if employees are allowed to appoint heirs after resignation, foreigners should never be allowed to appoint. The Board specifies that only the heirs of retired and / or retired employees will be appointed.
A labor court had previously ordered the Ahmednagar Municipal Corporation to appoint employee heirs upon their retirement / retirement. This was done on the basis of a settlement decision between the workers’ union and the metropolitan municipality.
The union had requested that the legal heirs of the employees be hired after retirement. The Municipal Corporation filed a lawsuit against the order which was rejected by the Gujarat High Court.
During the hearing in the Supreme Court, the Municipal Corporation argued that the order to appoint employee heirs would be contrary to Article 14 of the Indian Constitution and to appointment on humanitarian grounds.
The Presidency of the Supreme Court observed: “… compassionate appointment must always be considered an exception to the normal method of recruitment. Compassionate nomination is granted when an employee dies without any form of security. But the basis of the appointment is not automatic and will be subject to the strict control of various parameters, including the financial situation of the family, the economic dependence of the family on the deceased employee and the profession of others. family members.
“… The humanitarian appointment cannot be conferred on the heirs of retired and / or retired employees. If such an appointment is permitted, external persons will never be appointed and employees will only be their successors and / or will be appointed upon retirement and those who are external persons will never have the opportunity to be appointed. . However, they may be more deserving and / or well educated and / or more qualified.
find out all trade news, market news, today’s events and the latest news Updates on Live Mint. Download the Mint News app to receive daily market updates.
After
down