Umesh Kumar Nagpal vs State Of Haryana (Sawant, J.) on 4 May, 1994
(SCC pp. 139-40, para 2)
36
"As a rule, appointments 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 interests 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."