Tsrtc employment suspension and removal

Dear Client,
The whole object of granting a compassionate appointment is to enable the family to tide over the sudden crisis, relieve the family of deceased or medically retired employees 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 was 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 a 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 and if it appears to you that the action of the TSRTC is arbitrary and unjust, you can escalate your grievance before the HOD of the concerned Department, failing which you can apply before the concerned Bench of the State Administrative Tribunal(SAT) constituted under the Administrative Tribunal Act, 1985 following the procedure as prescribed under the State Administrative Tribunal (Procedure) Rules seeking appropriate relief.. So, try to get the matter reviewed once by an expert professional practicing CAT/SAT matters before challenging the establishment's action denying the compassionate appointment of a dependent family member of an employee discharged on medical grounds.