deceased employee has been debarred from claiming
compassionate appointment under the Jammu & Kashmir
Compassionate Appointment Rules, 1094, being totally illegal and
ultra-vires ... claim of the petitioner for his compassionate appointment;
l. That the denial of appointment under compassionate
appointment rules is visiting the petitioner and his family
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 ... whether her appointment on
compassionate ground, was in violation of the Karnataka Civil
Services (Appointment on Compassionate Ground) Rules, 1998.
9. The action taken
permit such appointments. Such appointments shall be strictly in accordance with the scheme governing such appointments and against existing vacancies.
(d)Compassionate appointments are permissible ... general or vested right to compassionate appointment. Compassionate appointment can be claimed only where a scheme or rules provide for such appointment. Where such
petitioner's" application for compassionate appointment in Government Service on compassionate ground under relevant Rules (Annexure-4 to the writ petition).
6. Similar ... distress to justify 'compassionate appointment' under law.
RE-CONSTITUTIONAL VALIDITY OF COMPASSIONATE APPOINTMENT :
13. One, Rakesh Tripathi on 10.8.2001, filed Civil Misc. Application
declare Rule 2(1)
(a)(i), Rule 2(1)(b) and Rule 3(2)(i)(c) of the Karnataka
Civil Services (Appointment on Compassionate Grounds ... shall not be eligible
for appointment under these rules.]"
It is the said Rules which declines appointment on
compassionate grounds to a daughter
entitled for
compassionate appointment under the Rules of 1996.
Rule 2(c) of the Rules of 1996, a part whereof is under
question reads ... grant of appointment on
compassionate ground can be summarized as under:
(i) that the compassionate appointment is an
exception to the general rule;
(ii) that
compassionate appointment.
8. In our considered opinion, the claim of compassionate appointment is
not a heritable right and being an exception to the ordinary rule ... general or vested right to compassionate
appointment. Compassionate appointment can be claimed only where a
scheme or rules provide for such appointment. Where such
that there is no right to compassionate
appointment and where there is a scheme for appointment on
compassionate basis for the dependant of a person ... taken to grant the benefit
of compassionate appointment.
8. In our considered opinion, the claim of compassionate appointment
submitted that the first application for compassionate appointment was filed by the respondent on 20.2.2002, claiming compassionate appointment on the post of SI (M); said ... permit such appointments. Such appointments shall be strictly in accordance with the scheme governing such appointments and against existing vacancies.
(d) Compassionate appointments are permissible
make appointment on compassionate ground. When the application has been submitted for compassionate appointment before the Hindusthan Aeronautics Ltd. under the Compassionate Appointment Rules framed ... claims for appointment on compassionate ground, there should not be any delay in appointment. The purpose of providing appointment on compassionate ground is to mitigate
