husband, the application came to be submitted on
05.12.1995 for compassionate appointment before the Divisional Railway
Manager, Danapur (second respondent) in favour of the second ... employee dying
issueless his near relative could get the compassionate appointment on the basis
of a circular No. E(NG)111/88/RC-111 dated
claim for appointment is made by someone who was eligible for such
appointment. He contended that the claim for appointment in the instant
case ... setting aside the appointment of the appellant who had worked as a teacher
and had been regularly appointed, which appointment was approved even
list of candidates waiting for appointment
under the scheme of "compassionate appointments".
2. The wife of the respondent K. Janaki died on
September ... scheme of
compassionate appointments this Court observed:
6
"It is now well settled that
appointment on compassionate grounds is
not a source of recruitment
scheme for appointment to Class-II or Class I shall be made by way of appointment on the score of compassionate appointment ... till the date he made an application for appointment, he was entitled to be appointed on compassionate ground. Such contention was not accepted
Article 309 of the Constitution and regulate the grant of compassionate appointment to the members of the family of a government servant who dies ... family of a deceased government servant for the purpose of seeking compassionate appointment.
Rule 2 (c) of the Dying-in-Harness Rules defines the expression
examining the object of compassionate appointment pointed out that the claim of the person concerned for appointment on compassionate ground is based on the premise ... grounds, there should not be any delay in appointment. The purpose of providing appointment on compassionate ground is to mitigate the hardship due to death
Personnel and Training ) for compassionate appointment. The object of the scheme is to grant appointment on compassionate grounds to a dependant family member ... kind of lapse,(long delay in appointment) may be, on the part of the respondents the appointment on compassionate ground can not be made
However, despite the fact that his application for grant of
compassionate appointment was rejected by the Joint Director, a purported
order of compassionate appointment came ... eligible candidates should be considered for
appointment in the posts which have fallen vacant.
Appointment on compassionate ground offered to
a dependant of a deceased
grounds, there should not be any delay in
appointment. That the purpose of providing appointment on
compassionate grounds is to mitigate the hardship caused ... shall, on finding a candidate eligible for
compassionate appointment, either appoint him/her under the
appointing authority which forwarded the application, or, identify a
suitable
Constitution of India. Though no other mode of
appointment is permissible, appointments on compassionate
grounds are a well-recognised exception to the said general
rule ... appointments. Such appointments shall be strictly in
accordance with the scheme governing such appointments
and against existing vacancies…”
(Emphasis supplied)
11. The policy of compassionate
