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1 - 10 of 15 (0.70 seconds)Article 14 in Constitution of India [Constitution]
Article 15 in Constitution of India [Constitution]
Food Corporation Of India & Another vs Ram Kesh Yadav & Another on 27 February, 2007
16. There are of course safeguards to be taken to ensure the scheme is not
misused. One is to ensure that mere medical unfitness to continue in a post
is not treated as medical invalidation for purposes of compassionate
appointment. A government servant should totally cease to be employable
and become a burden on his family, to warrant compassionate appointment
to a member of his family. Another is barring compassionate appointments
to dependants of an employee who seeks voluntary retirement on medical
grounds on the verge of superannuation. This Court observed in Ram Kesh
Yadav (supra) as follows :
Director Of Education (Secondary) & Anr vs Pushpendra Kumar & Others on 13 May, 1998
[emphasis supplied]
8.5) In Director of Education (Secondary) v. Pushpendra Kumar [1998
(5) SCC 192], this Court considered the nature and object of compassionate
appointments, in particular, in case of death in-harness cases :
State Of Haryana And Anr vs Ankur Gupta on 3 September, 2003
(emphasis supplied)
8.6) In State of Haryana v. Ankur Gupta [2003 (7) SCC 704], this Court
observed :
State Of Haryana & Ors vs Rani Devi & Anr on 15 July, 1996
"As was observed in State of Haryana v. Rani Devi (1996) 5 SCC 308 it
need not be pointed out that the claim of the person concerned for
appointment on compassionate ground is based on the premise that he was
dependent on the deceased employee. Strictly, this claim cannot be upheld
on the touchstone of Article 14 or 16 of the Constitution of India.
However, such claim is considered as reasonable and permissible on the
basis of sudden crisis occurring in the family of such employee who has
served the State and dies while in service. That is why it is necessary for
the authorities to frame rules, regulations or to issue such administrative
orders which can stand the test of Articles 14 and 16. Appointment on
compassionate ground cannot be claimed as a matter of right.....The
appointment on compassionate ground is not another source of recruitment
but merely an exception to the aforesaid requirement taking into
consideration the fact of the death of the employee while in service leaving
his family without any means of livelihood. In such cases the object is to
enable the family to get over sudden financial crisis. But such
appointments on compassionate ground have to be made in accordance
with the rules, regulations or administrative instructions taking into
consideration the financial condition of the family of the deceased."
Gazula Dasaratha Rama Rao vs The State Of Andhra Pradesh & Others on 6 December, 1960
8.1) In Gazula Dasaratha Rama Rao vs. State of Andhra Pradesh [1961
(2) SCR 931] dealing with section 6(1) of the Madras hereditary
Village-Offices Act, 1895, this Court observed thus :
Lic vs Asha Ramchandra Ambekar on 28 February, 1994
In LIC v. Asha
Ramchhandra Ambekar (1994) 2 SCC 718 this Court stressed the need to
examine the terms of the rules/scheme governing compassionate
appointments and ensure that the claim satisfied the requirements before
directing compassionate appointment."
Auditor General Of India vs G.Ananta Rajeswara Rao on 8 April, 1993
10. The High Court referred to the various decisions dealing with
compassionate appointments and culled out the principles relating to
compassionate appointment. Then it referred to the decision of this Court in
Auditor General of India v. G.Ananta Rajeswara Rao [1994 (1) SCC 192]
and inferred therefrom a proposition that there can be no compassionate
appointment in cases other than death in harness cases. On that basis, it
proceeded to hold that appointments on compassionate grounds on medical
invalidation were contrary to the principles underlying Article 16 and
therefore, unconstitutional. Firstly, this Court in Ananta Rajeswara Rao,
nowhere laid down a proposition that compassionate appointment can be
only in cases of death in harness and not in cases of medical invalidation or
other contingencies. Secondly, the High Court overlooked the fact that the
principles underlying Article 16 were violated, not only in cases of
compassionate appointments as a consequence of medical invalidation, but
also in cases of compassionate appointments as a consequence of death in
harness. But both are saved as they are considered to be exceptions to the
rule contained in Article 16, carved out to meet special contingences in the
interests of justice.