Monday, May 28, 2012

Compassionate appointments not a matter of right: Supreme Court


Appointments in government offices on compassionate grounds cannot be claimed as a right and they are permissible only in genuine cases as per rules, else it would violate the Constitution, the Supreme Court has ruled.

"Appointment on compassionate grounds cannot be claimed as a matter of right. As a rule, public service appointments should be made strictly on the basis of open invitation of applications and merit.
"The appointment on compassionate ground is not another source of recruitment but merely an exception to the aforesaid requirement taking into consideration the fact of the death of the employee while in service leaving his family without any means of livelihood," the apex court said.

A bench of justices B S Chauhan and Dipak Misra gave the ruling while upholding the Union government's appeal against an Allahabad High Court order to appoint one Shashank Goswami on compassionate grounds.
The apex court said it is a settled legal proposition that the claim for appointment on compassionate ground is based on the premises that the applicant was dependent on the deceased employee.
"Strictly, such a claim cannot be upheld on the touchstone of Article 14 or 16 of the Constitution of India.
"However, such claim is considered as reasonable and permissible on the basis of sudden crisis occurring in the family of such employee who has served the State and dies while in service.
"In such cases the object is to enable the family to get over sudden financial crisis and not to confer a status on the family," said Justice Chauhan writing the judgement for the bench.
Article 14 guarantees equality before law, while 16 refers to the equality of opportunity in matters of public employment.
Source : PTI

No comments :

All the information published in this webpage is submitted by users or free to download on the internet. I make no representations as to accuracy, completeness, currentness, suitability, or validity of any information on this page and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis. All the other pages you visit through the hyper links may have different privacy policies. If anybody feels that his/her data has been illegally put in this webpage, or if you are the rightful owner of any material and want it removed please email me at "shyamali00@gmail.com" and I will remove it immediately on demand. All the other standard disclaimers also apply.

Blog Archive