Compassionate appointment not a right: Delhi HC

Last Updated: Tuesday, June 22, 2010 - 17:57

New Delhi: A person cannot claim
compassionate appointment as a matter of right, the Delhi High
Court has held saying it has to be given in cases of financial
hardship.

"Compassionate appointment is not to be given when there
is no financial hardship. Compassionate appointment, it is
well settled, is not a source of a recruitment nor it can be
claimed as a matter of right," a bench comprising Justice Anil
Kumar and Justice Mool Chand Garg said.

The court made the remarks on a petition filed by Bimla
Devi against the decision of Central Administrative Tribunal
which has declined to appoint her younger son on compassionate
grounds after the death of her husband who was employed as an
Assistant in the President’s Secretariat.

Opposing the plea of Bimla Devi, the Secretariat said
she had already received Rs.7,41,673 as retirement benefits
and that her son daughter-in-law is employed.

Interpreting the provisions of compassionate appointment
under the law, the court said the underlying object of such
scheme is to prevent the family of a government servant from
financial destitution and to help them to get over the
emergency.

"The object of the scheme is to grant appointment on
compassionate grounds to a dependant family member of the
Government servant dying in harness or who is retired on
medical grounds, thereby leaving his family in penury and
without any means of livelihood to relieve the family of the
government servant concerned from financial destitution and to
help them to get over the emergency," it said while dismissing
the petition.

PTI



First Published: Tuesday, June 22, 2010 - 17:57

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