Umesh Kumar Nagpal vs State Of Haryana (Sawant, J.) on 4 May, 1994
In Umesh Kumar Nagpal Vs. State of Haryana [(1994) 4
SCC 138 ] this Court held, "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 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 held by the deceased."