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TMI Blog2022 (10) TMI 8X X X X Extracts X X X X X X X X Extracts X X X X ..... ction of the application submitted by the petitioner. Pertinently, the brother of the writ petitioner originally submitted no objection to provide appointment to the writ petitioner. Subsequently, the petitioner filed an affidavit of no objection to provide employment to his brother. All contradictory facts and circumstances reveals that the petitioner is not eligible for the compassionate appointment, more over, several years lapsed from the date of death of the deceased employee and at this length of time seeking compassionate appointment cannot be extended to the writ petitioner. Writ petition dismissed. - W.P.No. 28905 of 2017 - - - Dated:- 23-9-2022 - Honourable Mr.Justice S.M.Subramaniam For the Petitioner : Mrs. M.Prit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... she had filed an affidavit of no objection to provide employment to her brother, more so, such an affidavit was given after rejecting the application submitted by the writ petitioner seeking compassionate appointment on 22.02.2016. 5. Scheme of compassionate appointment is a concession and cannot be claimed as an absolute right. Scheme being an exception, cannot be expanded for the purpose of providing appointment on compassionate grounds in a larger manner. Large scale compassionate appointment would result in infringement of the Fundamental Rights of the eligible citizen, who all are aspiring to secure public employment through open competitive process. Scheme of compassionate appointment being a concession, to be implemented in a rest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e is no merit assessment of the applicant and there is no application of rule of reservation, there is no other assessment is made for appointment on compassionate grounds. In the event of large scale compassionate appointment, the efficiency level in the public administration will also be in stake. The Rule of Reservation, merit assessment and no other assessment has been made and therefore, the large scale appointments causing inefficiency in public administration, which would result in violations of the Constitution provisions, since the Constitution mandates an efficient public administration. 6. Lapse of time would also provide a ground to draw a factual inference that the penurious circumstances aroused on account of the sudden dea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntly on 05.09.2022 , in the case of Ahmednagar Mahanagar Palika vs. Ahmednagar Mahanagar Palika Kamgar Union reported in [2022 LiveLaw (SC) 739] , wherein in paragraph-8 of its judgment, reiterated the principles to be adopted for providing appointment on compassionate grounds as under:- 8. Even otherwise, such an appointment to the heirs of the employees on their retirement and/or superannuation shall be contrary to the object and purpose of appointment on compassionate grounds and is hit by Article 14 of the Constitution of India. As observed and held by this Court in a catena of decisions, compassionate appointment shall always be treated as an exception to the normal method of recruitment. The appointment on compassionate g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tation or death of the breadwinner. Compassionate Appointment excludes equally or more meritorious candidates, much in need of a job, from the zone of consideration. Consideration for compassionate appointment must, therefore, be strictly in accordance with the prevalent rules for compassionate appointment applicable to the deceased/prematurely retired employee. 21. In this case, there is a financial criteria of eligibility for compassionate appointment under the Compassionate Appointment Scheme. Rules which provide for a financial criteria for appointment on Compassionate ground are valid and lawful rules which have to be construed strictly, as otherwise the quota reserved for compassionate appointment would be filled up excluding oth ..... X X X X Extracts X X X X X X X X Extracts X X X X
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