Compassionate appointments: India

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Compassionate ground no guarantee for job: HC

TIMES NEWS NETWORK

From the archives of The Times of India 2007, 2009

New Delhi: The Delhi high court has held a person cannot claim appointment on compassionate grounds as a matter of right. The court said that appointment has to be given in cases of financial hardship.

The court’s remarks came on a petition filed by Bimla Devi against the decision of Central Administrative Tribunal (CAT) that has declined to appoint her younger son on compassionate grounds after the death of her husband who was employed as an assistant in the President’s secretariat.

‘‘Compassionate appointment is not to be given when there is no financial hardship. Compassionate appointment, it is well settled, is not a source of a recruitment nor it can be claimed as a matter of right,’’ said the bench of Justice Anil Kumar and Justice Mool Chand Garg said.

Opposing the plea of Bimla Devi, the secretariat had said she had already received Rs 7,41,673 as retirement benefits and that her daughter-in-law was employed. Interpreting the provisions of compassionate appointment under the law, the court said the underlying object of such scheme is to prevent the family of a government servant from financial destitution.