`Compassionate appointments not hereditary rights`
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Last Updated: Wednesday, August 18, 2010, 21:40
New Delhi: A person cannot claim employment on compassionate grounds as a matter of right, the Delhi High Court has held saying such appointments are not "hereditary right".

The court dismissed a bunch of petitions filed by dependents of ex-employees of Food Corporation of India (FCI) seeking employment on the ground their fathers had taken voluntary retirement on medical grounds on the promise made by FCI that they would be granted appointment in their respective places.

"Compassionate appointment cannot be treated as a vested right. It cannot be construed as a hereditary right and definitely it cannot be bequeathed," the bench comprising Chief Justice Dipak Misra and Justice Manmohan said.

FCI opposed the plea of the petitioners on the ground that there were no vacancies. Besides, certain other conditions had to be fulfilled before granting such appointments.

Rejecting the plea of the petitioners, the court said "compassionate appointment is fundamentally an exception to the normal rule for appointment to public service".

Earlier, a single bench of the court had also refused to grant relief to the petitioners saying that compassionate appointment falls within the discretionary power of the authorities.

"Compassionate ground is not a matter of right but purely at the discretion of the competent authority," the court said.


First Published: Wednesday, August 18, 2010, 21:40

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