Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | compassionate appointment humanitarian grounds |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:Grant of compassionate appointment - Object of - Held: Compassionate employment is given solely on humanitarian grounds and cannot be claimed as a matter of right . Ordinarily public employment must be strictly on the basis of open invitation of applications and comparative merit . Compassionate appointment is an exception to the general rule, carved out in the interest of justice, in certain exigencies, by way of a policy of an employer, which partakes the character of the service rules - The scheme has to be strictly construed and confined only to the purpose it seeks to achieve.Compassionate appointment - Claim for - Guidelines governing the appointment - Held: Request for compassionate employment is to be considered strictly in accordance with the governing scheme - Application for compassionate employment must be preferred without undue delay and has to be considered within a reasonable period of time - Appointment on compassionate ground is to meet the sudden crisis occurring in the family on account of the death or medical invalidation of the bread winner while in service - It is permissible only to one of the dependants of the deceased/incapacitated employee, viz. parents, spouse, son or daughter and not to all relatives, and such appointments should be only to the lowest category that is Class Ill and IV posts - On facts, appellant's father was declared as de-categorized employee, not offered alternative employment and was made to retire from services on 30.08.1999 on recommendation by the Standing CommitteeIn terms of Circular dated 22.09.1995 which contemplates compassionate employment for the wards of those employees who have been medically de-categorized, and have retired, B without being offered an alternative suitable job, the appellant shall be entitled to employment on compassionate ground. |
Judge | Hon'ble Mr. Justice D.K. Jain |
Neutral Citation | 2011 INSC 200 |
Petitioner | Bhawani Prasad Sonkar |
Respondent | Union Of India & Ors. |
SCR | [2011] 4 S.C.R. 630 |
Judgement Date | 2011-03-11 |
Case Number | 5101 |
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