summarised the
principles relating to compassionate appointment as follows:
“18. (a) Compassionate appointment based only on descent
is impermissible. Appointments in public service should ... that there is no right to compassionate
appointment. Even where there is a scheme of compassionate appointment,
5 (2008) 13 SCC 730
7
an application
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
violation of Rule -23
of the Government Servant Conduct Rules,
1976 are also entitled for such claim of
compassionate appointment. Hence the matter ... Railways specifically excluded compassionate appointment to
the second widow and her children, the writ-applicant would not
be entitled to compassionate appointment even
appointment under the rules she gave her consent for compassionate appointment under these rules to the second wife who is also a close relative ... appointment has been properly given by the appointing authority by correctly considering the provisions of the law. Rule 7 authorises the appointing authority
violation of Rule -23
of the Government Servant Conduct Rules,
1976 are also entitled for such claim of
compassionate appointment. Hence the matter ... Railways specifically excluded compassionate appointment to
the second widow and her children, the writ-applicant would not
be entitled to compassionate appointment even
violation of Rule -23
of the Government Servant Conduct Rules,
1976 are also entitled for such claim of
compassionate appointment. Hence the matter ... Railways specifically excluded compassionate appointment to
the second widow and her children, the writ-applicant would not
be entitled to compassionate appointment even
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
