`Compassionate appointments not hereditary rights`

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.

PTI



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

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