Umesh Kumar Nagpal vs State Of Haryana (Sawant, J.) on 4 May, 1994
"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 not 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
cases, there are some exceptions carved out in the interests of justice and
to meet certain contingencies. One such exception is in favour of the
dependents 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 dependents 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................."