difference between Rule 3 of Rules of 1991 and
Rules of 1994 clearly indicate that as per Rule 3 of the Rules of
1991, time ... that after lapse of time, compassionate
appointment cannot be granted but compassionate
appointment has to be governed by the rules as were in vogue
compassionate appointment as a matter of right.
That in absence of petitioner satisfying the requirement of rules, the
petitioner, cannot claim appointment on compassionate ground ... father, then how he can attain eligibility for compassionate
appointment under Jammu and Kashmir Compassionate Appointment
Rules, within one year.
SWP No.2350/2015 Page
aforesaid Rule 5 of the Rules of 1974 indicates that subject to the conditions contained in the said Rule, an application seeking compassionate appointment ... general or vested right to compassionate appointment. Compassionate appointment can be claimed only where a scheme or rules provide for such appointment. Where such
Rule 3(1) of the said
Rules was amended as under: -
"3. Appointment under these Rules
(1) Notwithstanding anything contained in any rule ... appointment to seek appointment against the post which would
have been available, but for the provision enabling appointment
being made on compassionate grounds
Rule 2(1)(a) & (b). Rule 3 is with regard to eligibility for
appointment. Sub-rule (1) makes clear that appointment
on compassionate grounds ... willing to accept the appointment. Rule
4 provides the conditions of appointment. Sub-rule (1)
makes clear that appointment on compassionate grounds
under the Rules
petitioner applied for getting compassionate appointment
under the provisions of Rajasthan Compassionate Appointment
of Deceased Government Servant Rules, 1996 on 10.06.2006
within 40 days ... applied for compassionate appointment and therefore,
he cannot be deprived of his statutory right of gaining
compassionate appointment. The appointment of respondent
contours of
compassionate appointment with special emphasis on the points that
compassionate appointment is not a regular source of appointment, it is not
heritable ... compassionate appointment, only
then could he/she raise a valid claim for being considered for such an
appointment. According to him, compassionate appointment being
been followed in compassionate appointment. Thus large number of compassionate appointments will have certain implication on the Rules of Reservation and the same will certainly ... authorities to make compassionate appointment dehors the scheme. In our considered opinion the claim for compassionate appointment and the right, if any, is traceable only
Rehabilitation Assistance) Rules, 1990
(hereinafter referred to as 'Rules, 1990'). As per the provisions
contained in Rule-11 of the Rules, 1990, which ... Education Officer, submitted
that the petitioner was an applicant for compassionate appointment
under Rules, 1990. The Director, Secondary Education, Orissa vide
letter dated 20.05.2013 issued
notice the said office order which
is extracted herein below: -
"Subject: Appointment of candidates for the post of Patwaries
and fixation of seniority ... regards the Patwaris who have been/ shall be appointed
under the proviso of compassionate appointment Rules they shall
be assigned the seniority on the basis
