Can`t claim compassionate employment as right: HC
The Delhi High Court has held that compassionate employment cannot be claimed as a right after lapse of time.
New Delhi: The Delhi High Court has held that compassionate employment cannot be claimed as a right after lapse of time and quashed the Central Government Industrial Tribunal`s order to give jobs to the relatives of five ex-employees of IFCI.
Allowing a plea of the Industrial Finance Corporation of India (IFCI) against the tribunal`s order in October 2009, Justice Vipin Sanghi said, "Compassionate employment cannot be claimed and offered after a lapse of time, and after the crisis is over."
The court also relied on an apex court ruling which has held that compassionate appointment is not a vested right which can be exercised at any time in future.
Justice Sanghi accepted the corporation`s argument that it did not have any vacancy for appointment of the five dependents of ex-employees as, at the relevant time it was over staffed with class III and class IV employees.
"This is evident from the fact that the petitioner (IFCI) repeatedly had to resort to voluntary retirement Scheme to reduce its work force as a part of its financial restructuring to sustain itself," the court said in an order recently.
The court rejected the argument of the counsel for the applicants seeking job on compassionate ground that the Board of Directors of the Corporation have the discretion to appoint dependants of deceased employees.
The court accepted the IFCI`s argument that the special scheme and also as per the government`s December 1976 Rules for appointment of employees on compassionate grounds have been amended.