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Compassionate Appointment Controversy ex-CJM's Widow

Compassionate Appointment in Chandigarh Panchkula Mohali

What is Compassionate Appointment? - In most clear and simple terms, it is employment solely on the ground of compassion on the death or permanent injury of an individual in a blood relationship maintaining and taking care of the person who has asked for the job.

Object of Compassionate Appointment? - The scheme is applicable to dependents of government employee who had died in harness or retired on medical grounds leaving his family behind in penury and destitution. The scope of the employment is to give immediate relief to the family concerned.

Also Read- CENTRAL ADMINISTRATIVE TRIBUNAL (CAT) CHANDIGARH     

Every government department, banks and central institution has its own policy for compassionate appointment which can be browsed on the websites of respective institutions.

The underlying idea is to relieve the family of financial destitution and to help it to get over the emergency.

The most popular judgment on compassionate appointment - Umesh Nagpal's case 1994 confirmed only group 3 & 4 ( Now C & D) posts for CA. Being the lowest posts in manual and non-manual categories, they alone can be offered on Ca.

If the dependent of deceased finds it below his dignity to accept the post offered, he can leave it. The post is not offered to cater status of an individual but to see family through economic calamity.

Also Read- SERVICE MATTERS IN LABOUR COURT CAT TRIBUNAL AND HIGH COURT

The current row is of ex-CJM's widow where she is appointed on Feb 22, 2014 in Group B post on CA on recommendation of committee then made in the tenure of Chief Justice Sanjay Kishan Kaul who is now a Supreme Court Judge. Her request was to appointed on post as compatible with her social status.

Now the employee association has referred the matter through petition before the High Court on Judicial side.

High Court adopts Compassionate Appointment policy of Punjab that confers jobs on Compassionate appointment for group C & D posts only.

The employees of association complained that committee didn't looked into the retiral benefits, family pension and property left by the deceased who died on October 20, 2013.

The ex-CJM's widow was appointed on relaxing the Rule 16 of the High Court Establishment (Appointment and Conditions of Service) Rules, 1973 as a Senior Assistant from quota of direct recruits on CA in HC.

Except age no other qualification can be relaxed as per rule 16. For the above post it is mandatory to have proficiency in computer and pass type test on computer at the speed of 20 words.

Employee association contended that deceased ex-CJM left Rs 10 lakh gratuity, Rs 3 lakh leave encashment and pension of Rs 48,010 which his wife is currently getting.

The family can't be said was left in penury after the demise of ex-CJM quoted employee association.

Also Read- CATCH UP RULE AND RESERVATION IN PROMOTIONS

What all is to be considered for Compassionate Appointment?

For compassionate appointment one must see the Centralized Circular Information System (ccis.nic.in) to check the most current O.M. i e. Circular from central government. State governments too can have their own policy on Ca on the guidelines of centre but can't be in contravention of settled principles of law as settled by courts of this country.

Various government departments have their own Compassionate Appointment. One must check on the department website while applying compassionate Appointment terms & conditions and suitability of one’s candidature.

Also Read- SENIORITY GRANTED FROM THE BACK DATE BY CAT CHANDIGARH

For Centre, M/o of Personnel, Public Grievances and Pensions D/o Personnel & Training Establishment takes care of Compassionate Appointment.

The scheme of Compassionate Appointment can be read here - https://doptcirculars.nic.in/Default.aspx?URL=pQNfwh5Dus6R%20 


Further Department of personnel and training releases Compassionate Appointment guidelines and scheme via O.M.

From the news  

  1. SC Bench Settles Long Pending Dispute Between Two Wives Of Deceased Police Constable by LiveLaw.in
  2. Appointment on Compassionate Grounds is not a vested Right that can be exercised at any time: Delhi HC in LiveLaw.in.
  3. Divorced Daughter Eligible for Appointment on Compassionate Grounds: Calcutta HC by Livelaw.in
  4. CAT judge slams railways’ compassionate appointments by TimesOfIndia.
  5. Compassionate Appointments not a right, only a concession: Madras HC by BarandBench.
  6.  Compassionate job not for well-off families: Bombay High Court by DnaIndia.com

Popular judgements on CA by various judgment finders:

  1. https://indiankanoon.org/search/?formInput=judgment%20on%20compassionate%20appointment&pagenum=3
  2. http://www.advocatekhoj.com/library/judgments/index.php?go=2007/february/20.php 
  3. https://www.casemine.com/search/in?q=compassionate+appointment
  4. http://courtnic.nic.in/supremecourt/temp/sc%201839607p.txt 
  5. http://lawmirror.com/search/search.php?q=compassionate%20ground%20of%20appointment&sel=headnote&court=1&page=1    

Populate and resourceful websites
1. Gconnect.in 
2 Harmonysrinivas.com

3 Mynation.net

4 Indianemployees.com 

 

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