Compassionate Appointment - Applicability of Rules - Whether the
Government employee who seeks compassionate appointment would be governed by rules/policy in operation at the time of death of an employee or the rules/policy applicable on the date when his
case would be considered by the appropriate authority - Krishana Kumari v. State of Haryana, (2012-3)161 P.L.R. 383 (F.B.) - Deemed to have been over-ruled by implication - MGA Gramin Bank v.
Chakrawarti Singh, (2014)13 S.C.C. 583 - Matter requires to be re-considered by constituting a Larger Bench or by a Co-ordinate Bench of Krishna Kumari's case, J.) . (179) P.L.R.
Compassionate Appointment - Completely and Permanently incapacitated
for further service in the Department - With effect from 14.05.2001 was declared unfit - Filed an affidavit exercising his option to get employment under the Haryana Government ex-gratia
Scheme - Rule 19 of 2003 notification did not repeal policy dated 23.11.1992 - Had made an application for compassionate appointment on 12.02.2003 - Consequently the 23.11.1992
policy/instructions continued to be valid and subsisting not only on the date on which the petitioner's father suffered disability but also on the date on which the petitioner's application
was taken up for consideration and disposed of by the impugned order dated 14.03.2005 - The instructions/policy dated 23.11.1992 were withdrawn only thereafter on 20.03.2006.(181)
P.L.R.
Compassionate Appointment - Food Corporation of India -
There is no time limit prescribed for making of claims for compassionate appointments and that even belated claims can be considered - Application moved on behalf of the petitioner seeking
compassionate appointment was filed well within time and it was the respondents who had virtually slept over the matter for several years inspite of the fact that all documents including the
income certificate showing the income of the family - Case was rejected on the ground that it was time barred - Petition allowed.(179) P.L.R.
Compassionate Appointment - It is no bodies fundamental right to be
provided a Government job without competition in a country where there are no jobs to be had for the asking and a large population is visited by hunger, want and deprivation of the bare
necessities of life - This special provision is meant as a means of empowerment for those extreme and unique cases of disadvantaged weaker sections of society, who may under circumstances of
an untimely death of a parent/spouse in government service be relegated to a life of depravity.(181) P.L.R.
Compassionate Appointment - Petitioner way back in the year 1999 had
accepted the appointment granted to him as Junior Engineer on the basis of his qualification 8 years after the death of his father - Solely because he has improved his qualification
subsequently as such there is no vested right to ask for appointment to the post of PCS (Executive Branch). (183) P.L.R.
Compassionate Appointment - Public posts are not standing crop to be
reaped with the sickle of compassionate appointment - Such appointments are an exception to the rule of equality of opportunity - It appears to this Court inappropriate in a poverty stricken
country like India to even seriously consider giving such huge concessions to wards of Government servants who may have contributed little to society except the good fortune of having secured
a Government job once upon a time - Instructions on the subject are to be strictly construed leaving discretion to be exercised reasonably within boundaries of the scheme of compassionate
appointments or the extension thereof on terms and conditions laid down by policy declarations by the government. (182) P.L.R.
Compassionate Appointment - Punjab State Electricity Regulatory
Commission - Rightly considered as per the amended policy - By now about 17 years have passed since the death of the father of the petitioner - Alternatively, if he had tried and competed for
a job in the open market, without waiting for the compassionate appointment to fructify, he may well have succeeded - And thereby hangs a tale which all applicants for compassionate
appointment ought to take note of - Pursue your cases by all means, if you will, but simultaneously, do not give up on your effort to compete for a job on your own merit and capability. (179)
P.L.R.
Compassionate Appointment - That Scheme/Policy which was
invogue at the time of deceased employee who died in harness is applicable.(182) P.L.R.
Compassionate employment - Respondent was not given
appointment on compassionate ground as per the policy because, as per the policy, more deserving candidates were available for giving appointment on the compassionate ground - Though the case
of the respondent was considered, she could not be appointed as there were claimants who were more needy than the respondentCentral Administrative Tribunal was not right in giving the direction to consider the case of the
respondent again and again, especially when the case of the respondent had been duly considered and had been rejected, in view of the fact that more deserving claimants were available at the
relevant time - Respondent has no right to be appointed on compassionate ground on the death of her husband if there is somebody more needy than the respondent. (2016)3 P.L.R.SC
197
Compassionate employment - Respondent was not given appointment on
compassionate ground as per the policy because, as per the policy, more deserving candidates were available for giving appointment on the compassionate ground - Though the case of the
respondent was considered, she could not be appointed as there were claimants who were more needy than the respondentCentral
Administrative Tribunal was not right in giving the direction to consider the case of the respondent again and again, especially when the case of the respondent had been duly considered and
had been rejected, in view of the fact that more deserving claimants were available at the relevant time - Respondent has no right to be appointed on compassionate ground on the death of her
husband if there is somebody more needy than the respondent. (181) P.L.R. (S.C.)
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