9911796707
TMI Blog2022 (10) TMI 8X X X X Extracts X X X X X X X X Extracts X X X X ..... her was working in the respondent / Department and she also died on 23.09.2013. Again the petitioner submitted an application to provide appointment on compassionate ground on 03.01.2014. The said application submitted by the writ petitioner was withdrawn on 08.12.2014 and again it was re-submitted on 22.02.2016. Thereafter, the petitioner filed the present writ petition to consider the said application dated 22.02.2016. 3. It is brought to the notice of this Court that the respondent considered the application submitted by the writ petitioner on 22.02.2016 and rejected the said application in proceedings dated 08.11.2019, stating that due to veracity of vacancies request for compassionate appointment could not be acceded. 4. The order of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tment is to be considered. Once an application is filed by any one of the legal heir of the deceased employee and the said legal heir became ineligible, it is not as if that other legal legal heir can submit an application irrespective of the length of time. In the event of entertaining such repeated applications for compassionate appointment, the very purpose and object of the scheme would be defeated. The very purpose and object of the scheme of compassionate appointment is to mitigate the circumstances arising on account of the sudden death of an employee. Therefore, the scheme cannot be expanded nor any consideration is to be shown on misplaced sympathy, which would result in denial of Fundamental Right to all other eligible candidates, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... payable to the respondent was required to be taken into account in the award of merit points. The Tribunal, however, came to the conclusion that pension is paid for past service rendered by the employee and, hence, denial of compassionate appointment on that basis was not justifiable. This reasoning of the Tribunal is fallacious. Undoubtedly, pension is not an act of bounty, but is towards the service which has been rendered by an employee. However, in evaluating a claim for compassionate appointment, it is open to the authorities to evaluate the financial position of the family upon the death while in service. Compassionate appointment is not a vested right. It is provided in order to enable a family to tide over a financial crisis caus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sionate grounds cannot be extended to the heirs of the employees on their superannuation and/or retirement. If such an appointment is permitted, in that case, outsiders shall never get an appointment and only the heirs of the employees on their superannuation and/or retirement shall get an appointment and those who are the outsiders shall never get an opportunity to get an appointment though they may be more meritorious and/or well educated and/or more qualified." 9. Even in yet another recent judgment of the Hon'ble Supreme Court in the case of CENTRAL BANK OF INDIA vs. NITIN reported in [2022 LiveLaw (SC) 690] , wherein in paragraphs 20 and 21, it has been held as under:- "20. It is well settled that compassionate appointment is an ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
