Compassionate appointment not a right: Delhi HC

 

Compassionate appointment not a right: Delhi HC



A person cannot claim compassionate appointment as a matter of right, the Delhi High Court has held saying it has to be given in cases of financial hardship.



"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," a bench comprising Justice Anil Kumar and Justice Mool Chand Garg said.



 

The court made the remarks on a petition filed by Bimla Devi against the decision of Central Administrative Tribunal which 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.



Opposing the plea of Bimla Devi, the Secretariat said she had already received Rs.7,41,673 as retirement benefits and that her son daughter-in-law is 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 and to help them to get over the emergency.





"The object of the scheme is to grant appointment on compassionate grounds to a dependant family member of the Government servant dying in harness or who is retired on medical grounds, thereby leaving his family in penury and without any means of livelihood to relieve the family of the government servant concerned from financial destitution and to help them to get over the emergency," it said while dismissing the petition

SOURCE;PTI