Sunday, December 22nd, 2024

he/she was 7 years old when his/her father died, now the Supreme Court has rejected the petition for compassionate appointment, know why

New Delhi : The Supreme Court made important comments in the matter of appointment on compassionate grounds. The apex court on Wednesday dismissed a man’s plea saying appointment on compassionate grounds is not an inherent right to get a government job. The Supreme Court said that employment on compassionate grounds is not a condition of service for an employee who dies while serving.

Cannot issue any instructions

The court dismissed the plea of ​​a man whose father, a police constable, died while on duty in 1997 when the petitioner was seven years old. Justice Abhay S. Oka, a bench comprising Justice Ahsanuddin Amanullah and Justice Augustine George Masih said that no direction can be issued asking the State to continue any illegality contrary to the relevant policy in favor of any person or group of persons.

No service conditions of the employee

Writing the judgment for the bench, Justice Masih said appointments on compassionate grounds are made to address the immediate financial crisis arising at the time of the death of a family member. Also, it is not an inherent right, which can be claimed after a long period of time has passed. The judgment held that so far as claiming compassionate appointment as an inherent right to appointment is concerned, suffice it to say that the said right is not a condition of service of an employee dying in service, who should not be entitled to any kind of compensation. Should be given to the dependent without any screening or selection process.

Father died in 1997

Petitioner Tinku’s father, constable Jai Prakash, died along with an officer in the line of duty in 1997. Tinku was only seven years old at that time and his/her mother, who was illiterate, could not apply for appointment on compassionate grounds.

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