deny
the benefit of compassionate appointment which is
available to other legitimate children. Undoubtedly,
while designing a policy of compassionate
appointment, the State can prescribe ... exclude them from being considered
for compassionate appointment. Children do not
choose their parents. To deny compassionate
appointment though the law treats a child
considered for
compassionate appointment in place of deceased employee,
however, illegally ignoring his right of claiming compassionate
appointment as per Rules of 1996, the respondent ... exclude them
from being considered for compassionate appointment.
Children do not choose their parents. To deny
compassionate appointment though the law treats a child
compassionate appointment, to which Satina Devi, will have no objection.
3. Petitioner applied for compassionate appointment under U.P. State Electricity Board Appointment of Dependents ... that petitioner is not a legitimate child, and that the compassionate appointment under Rules of 1975, cannot be given by way of a settlement between
submitted that compassionate appointment,
is not a regular source of appointment, but rather the same is an
exception to the rule. Mr. Suresh Kumar submitted ... proposition that the compassionate appointment is not a normal
source of appointment. Rather, compassionate appointment is an
exception to the general rule and therefore, consideration
compassionate appointment as follows: (SCC
pp. 741-42, para 18)
"18. ... (a) Compassionate appointment based only on descent is
impermissible. Appointments in public service ... appointments. Such appointments shall be strictly in accordance with
the scheme governing such appointments and against existing
vacancies."
13. The policy of compassionate appointment
well settled that
compassionate appointment is not a normal source of appointment and is
an exception to the general rule. Entitlement to receive compassionate ... deny the
benefit of compassionate appointment which is available to
other legitimate children. Undoubtedly, while designing a
policy of compassionate appointment, the State can
prescribe
view that daughter or son
of second wife cannot claim compassionate appointment.
Thus, it appears the subsequent decision of the co-ordinate
Division Bench ... been imposed
by the Circular of the Railway Board under which
compassionate appointment cannot be granted to the
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petitioner - respondent and Smt. Fagni Bai for
compassionate appointment and monetary compensation in
accordance with the rules and schemes applicable, within a period
of three ... appellants herein. The
2
application was filed for the compassionate appointment of
her son Rakesh, who being a son of second wife is not
entitled
laid down for such appointment, similarly an illegitimate child of a deceased employee is also entitled to get appointment on compassionate ground subject to, however ... claim of the petitioner in accordance with the Rules and policy relating to compassionate appointment, but keeping in mind the observations made hereinabove. The writ
thereby rejecting the representation of the petitioner for appointment on compassionate grounds under Dying in Harness Rules, 1974 on the ground that the petitioner ... claim of the petitioner in accordance with the Rules and policy relating to compassionate appointment and keeping in mind the observations made hereinabove, pass appropriate
