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Union Of India & Anr vs Shashank Goswami & Anr on 23 May, 2012

Appointment on compassionate grounds, offered to a dependant of a deceased employee, is an exception to the mandate of Articles 14 and 16 of the Constitution of India that all eligible candidates should be considered for appointment to the posts which have fallen vacant. It is a concession, and cannot be claimed as a matter of right. It must be provided for in the rules. (SBI v. Anju Jain ; SAIL2; Union of India v. Shashank Goswami ; State of U.P. v. Pankaj Kumar Vishnoi ). As it is not simply another method of recruitment, compassionate appointment cannot be claimed as a matter of right. Such a category of employment is, itself, an exception to the constitutional provisions, contained in Articles 14 and 16, which prohibit discrimination in public employment. A claim, to be appointed on such a ground, has to be considered in accordance with the rules, regulations or administrative instructions governing the subject.
Supreme Court of India Cites 3 - Cited by 304 - Full Document

State Of U.P.& Ors vs Pankaj Kumar Vishnoi on 25 July, 2013

Appointment on compassionate grounds, offered to a dependant of a deceased employee, is an exception to the mandate of Articles 14 and 16 of the Constitution of India that all eligible candidates should be considered for appointment to the posts which have fallen vacant. It is a concession, and cannot be claimed as a matter of right. It must be provided for in the rules. (SBI v. Anju Jain ; SAIL2; Union of India v. Shashank Goswami ; State of U.P. v. Pankaj Kumar Vishnoi ). As it is not simply another method of recruitment, compassionate appointment cannot be claimed as a matter of right. Such a category of employment is, itself, an exception to the constitutional provisions, contained in Articles 14 and 16, which prohibit discrimination in public employment. A claim, to be appointed on such a ground, has to be considered in accordance with the rules, regulations or administrative instructions governing the subject.
Supreme Court of India Cites 7 - Cited by 203 - D Misra - Full Document

Bhawani Prasad Sonkar vs Union Of India & Ors on 11 March, 2011

A provision for compassionate appointment, which enables appointment being made otherwise than by the prescribed method of appointment to public services, is in the nature of an exception, and can neither subsume the main provision to which it is an exception, nor can it nullify the main provision by completely taking away the right conferred by the main provision. Care has, therefore, to be taken that a provision, for grant of compassionate employment, does not unduly interfere with the right of others, 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. (Pushpendra Kumar1). The concept of compassionate appointment is an exception carved out in the interest of justice, by way of a policy of the employer which partakes the character of service rules. That being so, the scheme or the policy, as the case may be, is binding both on the employer and the employee. Being an exception, the scheme has to be strictly construed and confined only to the purpose it seeks to achieve. (Bhawani Prasad Sonkar v. Union of India ).
Supreme Court of India Cites 8 - Cited by 632 - D K Jain - Full Document
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