entitled to compassionate appointment
provided he/she is duly qualified at the time of appointment
as provided in the Compassionate Appointment Rules. He
invites ... policy.
7. In the present case, the compassionate
appointment is governed by the Compassionate
Appointment Rules which are framed in exercise of the
rule making
Family Members for compassionate appointment.
(1) The family member shall be eligible for consideration of compassionate appointment under these rules subject to the condition that ... family member may opt for compassionate appointment, in place of compassionate financial assistance. (a) The compassionate appointments under these rules shall be confined to Group
appointments
to be effected on compassionate basis in the State. Our attention is drawn to
the Jammu and Kashmir Compassionate Appointment Rules, 1994 issued ... considered for appointment on compassionate basis in case she satisfiesthe
requirements of the Jammu and Kashmir Compassionate Appointment
Rules, 1994.
19. In para
servant and that since Vijay Kumar was
given the compassionate appointment, the application for
compassionate appointment by the second petitioner on the
ground that ... claim appointment on compassionate
ground. Suffice it to say that under the scheme of
the appointment on compassionate ground envisaged
under the Rules
death.
(3) Every appointment made under sub-rule (1) shall be subject to the condition that the person appointed under sub-rule (1) shall maintain ... general or vested right to compassionate appointment. Compassionate appointment can be claimed only where a scheme or rules provide for such appointment. Where such
with Rule 3 of
these rules which reads as follows:
"Rule 3- Appointment under these rules.
(1) Notwithstanding anything contained in any rule ... compensation or to pursue the claim for compassionate appointment under the
J&K (Compassionate Appointment) Rules 1994 or with
rule, appointments in public services should be made strictly
on the basis of open invitation of applications, and on merit. Appointment,
on compassionate grounds, offered ... Government servant, seeking
appointment on compassionate grounds, must be a dependent of the
deceased Government servant. It is because appointment on compassionate
ground is provided
employed to make compassionate appointments, the appointments would become vulnerable to a constitutional challenge. Appointments based on descent or claims of appointment which rest ... general or vested right to compassionate appointment. Compassionate appointment can be claimed only where a scheme or rules provide for such appointment. Where such
employed to make compassionate appointments, the appointments would become vulnerable to a constitutional challenge. Appointments based on descent or claims of appointment which rest ... general or vested right to compassionate appointment. Compassionate appointment can be claimed only where a scheme or rules provide for such appointment. Where such
appointed
either by direct recruitment or by transfer. The 3rd respondent was
appointed by other mode, viz., on compassionate appointment. As per
Rule ... absence of any Rules
framed, existing Rules must be followed. There is no Rule for
appointment on compassionate ground and for fixing seniority of such
