appointment under the amended provisions of the compassionate
Rules. The Government counsel contend that since compassionate
appointment is an exception to the general Rule governing ... appointment
with the finding that the appointment was made de hors the amended
Rule 5 of the KCS (Appointment on Compassionate Grounds) Rules
and thus
KAUL, J.
1. The respondent raises a claim of entitlement to compassionate
appointment on account of the demise of his father late Shri Ranglal
Shrivas ... they will be
eligible only for compassionate grant and not the compassionate
appointment. The proceedings be ensured accordingly.”
27. The aforesaid Circular records that pending
that compassionate appointment is
not an alternative to the normal course of appointment, and that there is no
inherent right to seek compassionate appointment ... what are the provisions made in the scheme for such compassionate
appointment.
3. On the relevant scheme being placed before us, what emerges is that
respondent-
Company.
Law laid down 1. Clause 2.2 of policy of
compassionate appointment of
State Government dated
29.09.2014 - The clause to the
extent it deprives ... compassionate appointment hits
Art. 14 , 16 and 39(a) of the
Constitution. A woman citizen
cannot be excluded for any
appointment on compassionate
basis
Civil Services
(General Recruitment) Rules, 1977.
12
3. Eligibility for appointment :- (1)
Appointment on compassionate grounds under
these rules shall not be claimed ... shall not be eligible
for appointment under these rules.]"
It is the said Rules which declines appointment on
compassionate grounds to a daughter
opportunity to get the
appointment on account of the wrongful
appointments, if any to be made under the
scheme of compassionate appointment. Thus,
the genuinity ... submitting application on compassionate
appointment.
16. This Court is of the opinion that
consideration for appointment on
compassionate ground is to be construed as
violation
whereby the claim of the present petitioner for granting compassionate
appointment has been rejected on the ground that the elder son of the
deceased, namely ... policy for granting compassionate
appointment prevailing, does not permit the petitioner to be appointed on
compassionate ground.
The petitioner has claimed that his father
only the widow or
orphans, who are eligible for compassionate appointment. His another
grievance is that learned Single Judge has dismissed the petition ... making such appointment stands
evaporated.
9. The Courts and the Tribunals cannot confer
benediction impelled by sympathetic considerations to make
appointments on compassionate grounds when
District Basic Education Officer, Prayagraj, rejecting her claim for compassionate appointment under The Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules ... entitles a married daughter to a consideration of her claim for compassionate appointment without an amendment to the Rules made by the State Government, expressly
Officer, Araria.
6. Block Education Officer, Jokihat, District - Araria.
7. District Compassionate Appointment Committee, Araria, through the
District Magistrate, Araria.
8. National Council for Teachers ... Motihari.
3. The District Magistrate-Cum-Chairman of the District Compassionate
Appointment Committee, East Cham
4. The District Programme Officer, Establishment, East Champaran at
Motihari
