A.
Dear Client,
The whole object of granting a compassionate appointment is to enable the family to tide over the sudden crisis, relieve the deceased's family from financial poverty, and help it get over the emergency. Compassionate appointment is not a vested right or an alternate mode of employment. It is considered and granted strictly following the relevant rules and the scheme. The eligibility for an appointment under the Scheme for Compassionate Appointment is updated on 02/08/2022 by the Deptt. of Personnel and Training(DOPT), Ministry of Personnel, Public Grievance and Pension, Govt. of India wherein scope and eligibility for employment under the compassionate appointment scheme are explained in detail. The Supreme Court’s judgment dated May 4, 1994 in the case of Umesh Kumar Nagpal vs. State of Haryana and others [JT 1994(3) S.C. 525] has ruled that offering compassionate appointment as a matter of course irrespective of the financial condition of the family of the deceased or medically retired Government servant is legally impermissible. Compassionate appointment cannot be granted after lapse of a reasonable period and it is not a vested right that can be exercised at any time in the future. The Supreme Court has also held in its judgment dated February 28, 1995 in the case of the Life Insurance Corporation of India vs. Mrs Asha Ramchandra Ambekar and others [JT 1994(2) S.C. 183] that the High Courts and Administrative Tribunals can not give direction for appointment of a person on compassionate grounds but can merely direct consideration of the claim for such an appointment. So, given the above-stated propositions of the Scheme, Court rulings, and the status of your case, while your father is still in employment, your claim for appointment on compassionate grounds would not be considered or upheld as a matter of right even through litigation.
Posted On 30-Nov-2024
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