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(2) As far as possible, such an employment should be given in the same department which the deceased Government servant was employed prior to his death."

8. The object of compassionate appointment is to enable the penurious family of the deceased employee to tide over sudden financial crisis and not to provide employment. This is because as a rule appointments in public service should be made strictly on the basis of open invitation of applications and no other mode of appointment nor any other consideration is permissible. However, to this general rule which is to be followed strictly in all cases of public appointment, there are certain exception carried out in the interest of justice and to meet certain contingencies. One such exception is in favour of the dependants of an employee dying-in-harness and leaving his family in penury and without any means of livelihood. In such cases out of humanitarian consideration taking into consideration the fact that unless some source of livelihood is provided, the family would not be able to make both ends meet, a provision is made in the rules to provide gainful employment to one of the dependants of the deceased employee who may be eligible for such employment. So, the whole object of granting compassionate appointment is to enable the family to tide over the sudden crisis. Laying down the above principles in Umesh Chandra Nagpal v. State of Haryana, (1994) 4 SCC 138 ; Jagdish Prasad v. State of Bihar, (1996) 1 SCC 301 and S. Mohan v. Government of T.N., (1998) 9 SCC 485. The Supreme Court has cautioned that the object is not to give a member of such family a post not less than the post held by the deceased employee.

30. Aforesaid judgment was approved and the principle laid down therein was reiterated by the Hon'ble Supreme Court in Smt. Phoolwati v. Union of India and Ors., AIR 1991 SC 469.

31. In Umesh Kumar Nagpal v. State of Haryana and Ors., (1994) 4 SCC 138, the Hon'ble Supreme Court has considered the nature of the right which a dependant can claim while seeking employment on compassionate ground. The Court has observed as under :

"It appears that there has been a good deal of obfuscation on the issue. As a rule, appointment in the public services should be made strictly on the basis of open invitation of applications and merit. No other mode of appointment nor any other consideration is permissible. Neither the Governments nor the public authorities are at liberty to follow any other procedure or relax the qualifications laid down by the rules for the post. However, to this general rule which is to be followed strictly in every case, there are some exceptions carved out in the interest of justice and to meet certain contingencies. One such exception is in favour of the dependants of an employee dying in harness and leaving his family in penury and without any means of livelihood. In such cases, out of pure humanitarian consideration taking into consideration the fact that unless some source of livelihood is provided, the family would not be able to make both ends meet, a provision is made in the rules to provide gainful employment to one of the dependants of the deceased who may be eligible for such employment. The whole object of granting compassionate employment is, thus, to enable the family to tide over the sudden crisis. The object is not to give a member of such family a post much less a post for post held by the deceased. What is further, mere death of an employee in harness does not entitle his family to such source of livelihood. The Government or the public authority concerned has to examine the financial condition of the family of the deceased and it is only if it is satisfied that but for the provision of employment, the family will not be able to meet the crisis that a job is to be offered to the eligible member of the family.......
"The object underlying a provision for grant of compassionate employment is to enable the family of the deceased employee to tide over the sudden crisis resulting due to death of the bread-earner which has left the family in penury and without any means of livelihood. Out of pure humanitarian consideration and having regard to the fact that unless some source of a livelihood is provided, the family would not be able to make both the ends meet, a provision is made for giving gainful appointment to one of the dependants of the deceased who may be eligible for such appointment. Such a provision makes a departure from the general provisions providing for appointment on the post by following a particular procedure. Since such a provision enables appointment being made without following the said procedure, it is in the nature of an exception to the general provisions. An exception cannot subsume the main provision to which it is an exception and thereby nullify the main provision. Care has, therefore, to be taken that a provision for grant of compassionate employment, which is in the nature of an exception to the general provision, does not unduly interfere with the right of other persons who are eligible for appointment to seek employment against the post which would have been available to them, but for the provision enabling appointment being made on compassionate grounds for the dependant of a deceased employee."

53. An employment on compassionate ground should be provided strictly in accordance with the Rules and the Court cannot take a view as to make it violative of Articles 14 and 16 of the Constitution of India. Vide Cochin Dock Labour Board v. Leenamma Samuel and Ors., (1998) 9 SCC 87. The Court should not stretch the provision by liberal interpretation beyond permissible limits on humanitarian grounds. Vide U.P.S.R.T.C. v. Pukhraj Singh and Ors., (1999) 1 SCC 190 and Andhra Pradesh State Road Transport Corporation v. P. Pochaiah and Anr., (1999) 1 SCC 191.