Tarun Gagat v. Rakesh Kumar - Compassionate Appointment - Delay - Cause of Action
Compassionate Appointment- A candidate who seeks appointment on compassionate ground, do not have a right to claim a particular appointment. (Para 3) - Delay Mere filing of an appeal, submitting of memorials or representation, would not revive the dead cause of action or keep the alleged cause of action alive and kicking. (Para 11)
Case Info
- Case name and neutral citation: Tarun Gagat v. Rakesh Kumar & Ors.; Special Leave to Appeal (C) No. 68/2026; Civil Appeal dismissed by order dated January 16, 2026.
- Coram: Aravind Kumar, J.; Prasanna B. Varale, J.
- Judgment date: January 16, 2026 (New Delhi).
- Caselaws and citations:
- State of Bihar v. Samsuz Zoha, AIR 1996 SC 1961.
- State of Rajasthan v. Umrao Singh, (1994) 6 SCC 560; Civil Appeal No. 6492 of 1994.
- Karnataka Power Corporation v. K. Thangappan, (2006) 4 SCC 322.
- Statutes/laws referred:
- Extant Ex-gratia/Compassionate Appointment Scheme and 13.08.1998 clarification circular (interpreting “one step lower employment” as “one pay scale below”).
- Principles governing seniority and necessary party requirements in service law (procedural fairness noted).