Compassionate Appointments (CA) are never a matter of right and always Court’s discretion in given circumstances subject to availability of group C & D posts in cadre.
What the Punjab & Haryana High Court Held?
- Cases related to compassionate appointments had to be considered and decided on their own facts and courts are not prepared to help pass on the baton of employment.
- Petition filed by law graduate seeking CA in place of his father working as ministerial staff at Sangrur District Court and died harness near his retirement.
- Relief declined since petitioner was educated and practicing LLB degree. CA is ante-thesis to Article 16 of Constitution as it is an exception and not a rule.
- The father of petitioner died just short of few months before retirement. Moreover, the petitioner doesn’t try for employment elsewhere.
- Each case of CA has to be decided on its own facts and circumstances.
- The petitioner requested to High Court an administrative side which got rejected, since his father was practicing in District Court of Sangrur.
- The opposite Counsel argued that petitioner got retirement benefits worth 10 lakh and Rs. 377300/- in have encashment dues. Also the family pension was granted.
Also Read- Compassionate Appointment
The petitioner’s family was not left behind in dire financial stress or in state of poverty at the time of death of the father.
Also, no statement in petition showed how the family of deceased has survived so far.
Thus, the petition seeking Compassionate Appointment in Punjab Haryana High Court, Chandigarh was rejected.
Compassionate Appointment in News:
1 Grant of Benefit of ‘Ex-gratia payment’ in lieu of compassionate appointment cannot be made to sibling: GauhatiHC
2 Madras high court dismisses woman’s plea for compassionate appointment.
3 SC upholds state’s decision to cancel compassionate appointments
4 Govt. Policy Prohibiting Consideration Of Married Women For Compassionate Appointment Is Unconstitutional: Madhya Pradesh HC
5 Government Resolution of not substituting person seeking appointment on compassionate ground, is arbitrary and violates fundamental rights: Bombay HC
6 529 CAPF personnel killed in 5 years; jobs on compassionate grounds provided in 64 cases: Govt
7 Bombay HC strikes down an ‘arbitrary’ GR on compassionate jobs
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