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Compassionate appointment: claim to higher post

 

COMPASSIONATE APPOINTMENT: Claim to Higher Post

 

Appointment on compassionate ground cannot be claimed as a matter of right. It is meant to provide for a minimum relief. The object is not to give a member of such family a post much less a post for post held by the deceased. Mere death of an employee in harness does not entitle his family to such source of livelihood. The whole object of granting compassionate appointment is to enable the family to tide over the sudden crisis. The posts in classes III and IV are the lowest posts in non-manual and manual categories and hence, they alone can be offered on compassionate ground, the object being to relieve the family, of the financial distitution and to help it to get over the emergency.
In the instant case, the father of the respondent, a Head Constable in the Department of Police breathed his last in harness. The respondent, being a dependant on his deceased father, moved an application for grant of compassionate appointment. A decision was taken to offer him an appointment on the compassionate basis on the post of constable. However, the respondent filed a writ petition to extend him the benefit of compassionate appointment on the post of Sub-Inspector as he was eligible for the said post. The Apex Court held that it was open to the respondent to compete in the normal course if eligible for the post of sub-inspector for promotion in accordance with Rules.
State of UP v. Pankaj Kumar Vishnoi , C.A. Nos. 2366-2367 of 2011; Decided on 25-7-2013 (SC) [Dipak Misra and Vikramjit Sen, JJ.]1
 
State of U.P. & Ors. Vs. Pankaj Kumar Vishnoi
[Civil Appeal Nos. 2366-2367 of 2011]
State of U.P. & Ors. Vs. Udaiveer Singh & ANR.
[Civil Appeal No. 2406 of 2011]
Dipak Misra, J.

https://www.lawweb.in/2013/11/compassionate-appointment-claim-to.html



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