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TMI Blog2013 (8) TMI 1197X X X X Extracts X X X X X X X X Extracts X X X X ..... gle Judge dated 27.7.2009 passed in Writ Petition No. 7869 of 2008 by which the Respondent had been directed to be appointed under a scheme for compassionate appointment. 3. Facts and circumstances giving rise to this appeal are that: A. Father of the Respondent who was working as a Class III employee with the Appellant Bank died on 19.4.2006 while in harness. The Respondent applied for compassionate appointment on 12.5.2006. B. During the pendency of the application filed by the Respondent, a new scheme dated 12.6.2006 came into force with effect from 6.10.2006. Clause 14 thereof provides that all applications pending on the date of commencement of the scheme shall be considered for grant of ex-gratia payment to the family instead of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atisfied that without providing employment, the family will not be able to meet the crisis, that a job is to be offered to the eligible member of the family. More so, the person claiming such appointment must possess required eligibility for the post. The consistent view that has been taken by the Court is that compassionate employment cannot be claimed as a matter of right, as it is not a vested right. The Court should not stretch the provision by liberal interpretation beyond permissible limits on humanitarian grounds. Such appointment should, therefore, be provided immediately to redeem the family in distress. It is improper to keep such a case pending for years. 6. In Umesh Kumar Nagpal v. State of Haryana and Ors. (1994) 4 SCC 138, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istrar, Co-operative Societies and Ors. AIR 2004 SC 4504, while dealing with the issue, this Court held that even the Supreme Court should not exercise the extraordinary jurisdiction under Article 142 issuing a direction to give compassionate appointment in contravention of the provisions of the Scheme/Rules etc., as the provisions have to be complied with mandatorily and any appointment given or ordered to be given in violation of the scheme would be illegal. 10. The word 'vested' is defined in Black's Law Dictionary (6th Edition) at page 1563, as 'vested', Fixed; accrued; settled; absolute; complete. Having the character or given in the rights of absolute ownership; not contingent; not subject to be defeated by a cond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs. Applications pending under the Compassionate Appointment Scheme as on the date on which this new Scheme is approved by the Board will be dealt with in accordance with Scheme for payment of ex-gratia lump sum amount provided they fulfill all the terms and conditions of this scheme. 13. The Court considered various aspects of service jurisprudence and came to the conclusion that as the appointment on compassionate ground may not be claimed as a matter of right nor an applicant becomes entitled automatically for appointment, rather it depends on various other circumstances i.e. eligibility and financial conditions of the family, etc., the application has to be considered in accordance with the scheme. In case the Scheme does not create an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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