compassionate appointments. That the so-called
freeze imposed by Government of India on recruitment did not cover
compassionate appointments as such appointments ... undertake
any form of recruitment including compassionate appointment.
Thus is because compassionate appointment is also required to be
made against a sanctioned vacant
position, rather the
crystallized position of law with regard to compassionate
appointment, compassionate appointment is an
exception to the rule of recruitment ... would apply even to
compassionate appointments.
(c) If the staffng pattern is not yet
formalized, a compassionate
appointment cannot be approved
because
position, rather the
crystallized position of law with regard to compassionate
appointment, compassionate appointment is an
exception to the rule of recruitment ... would apply even to
compassionate appointments.
(c) If the staffng pattern is not yet
formalized, a compassionate
appointment cannot be approved
because
on compassionate grounds despite
the ban of 2005, and in fact had increased the number of
posts earmarked for compassionate appointment ... complete ban on
compassionate appointment.
13. There is no dispute that the appointment of the Petitioner on
compassionate basis is made in terms
appointment being made through
recruitment process which was covered by the ban. The ban, thus,
could not have covered this appointment ... taken much prior to the ban and even
otherwise assuming that such ban applies to the compassionate
appointment, still it was much prior
taken much prior to the ban
and even otherwise assuming that such ban applies to the
compassionate appointment, still it was much prior ... factual position, then, on the assumption that
the ban covers the appointment on compassionate basis, still the refusal
to approve petitioner
compassionate ground. The respondent No.3 informed the
petitioner that he is a minor and therefore he can be considered
for compassionate appointment only ... that the
petitioner would be appointed on compassionate basis once the
ban on recruitment for non-teaching staff is lifted is
uncontroverted. Even
employees were excluded from the ban. Furthermore, specific
direction was issued to give preference to compassionate
appointments while filling up vacant posts. Therefore ... repelled the objection of the
State Government about application of ban on compassionate
appointments.
5. Consequently, we set aside the communication dated
applied for compassionate appointment on 12.01.2018.
Respondent no.3, Educational Society passed a resolution on
14.01.2018 appointing the petitioner on compassionate grounds ... issued by School Education Department does not impose a ban on
compassionate appointments, the learned advocate for the petitioner
does not press prayer clause
Writ Petition No. 7614 of 2015) if the
appointment is made on compassionate ground, ban on recruitment
would not be an embargo for appointing ... Sanjay Patil (Supra). The ban on recruitment would
not be embargo for appointing a person on compassionate ground as
they are not required
