All You Need to Know About Compassionate Appointment

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Last Updated on December 7, 2019 by Legalseva.net

One of the benefits out of all in a government job is Compassionate Appointment if the employed person is dead. The next closest Sibling/spouse/kin/Dependent to deceased can apply and get the job as per the scheme/rules/criteria laid down by the department as per law laid down.

But one cannot be sure of the time, it will take him/her to get appointed because there are dozens of applications already pending with the department from various relatives of deceased died previously of government employees. So government department has to scrutiny who is in most dire need of a job to secure financials. Though arbitrariness and discretion cannot be ruled out in this exercise and that’s why many applicants each year file their case of Compassionate Appointment before Punjab & Haryana High Court Chandigarh, Central Administrative Tribunal (CAT Chandigarh), Armed Forces Tribunal (AFT Chandigarh) & Punjab Educational Tribunal etc.

Also Read- COMPASSIONATE APPOINTMENT CONTROVERSY EX-CJM’S WIDOW

The government takes time to decide the legal representation in accordance with law which can be really long sometimes. On court directions, the legal notice/representation can be expedited and be decided in time. Time is of great essence in these cases.

Now through this post, I will share few findings of the High Courts and Supreme Court on the topic of Compassionate Appointment across India. Here are they:

  1. Rajasthan HC Rejects Plea Challenging Exclusion Of ‘Married Daughters’ From Availing Benefit Of Compassionate Appointment Scheme. (31.8.2019)
  2. State Cannot Compromise Efficiency Level In Public Administration While Providing Compassionate Appointments. (21.06.2019)
  3. ‘Married Daughter’ Always A Family Member Like ‘Married Son’: U’khand HC Reads Down Discriminatory Compassionate Appointment Rules. (04.04.2019)
  4. A SC Discourages ‘Dispose Of The Representation’ Orders Passed By HCs/Tribunals. (09.03.2019).
  5. Governing Scheme To Consider Applications For Compassionate Appointment: SC Refers To Larger Bench. (08.02.2019)  Also Read- COMPASSIONATE APPOINTMENT
  6. High Court Cannot Rewrite Terms Of State’s Compassionate Appointment Policy: SC (29.01.2019)
  7. Revisit Income Limit Criteria For Compassionate Appointments At Periodic Intervals: SC (28.01.2019)
  8. Children Born Out Of Void Marriage Are Legitimate, Compassionate Appointment Cannot Be Denied To Them: SC (10.01.2019)
  9. SC Bench Settles Long Pending Dispute Between Two Wives Of Deceased Police Constable. (11.04.2018)
  10. Divorced Daughter Eligible For Appointment On Compassionate Grounds: Calcutta HC (FB) (14.07.2019) Also Read- LATERAL ENTRY IN GOVERNMENT JOBS
  11. Parents And Sister Of Deceased Workman Cannot Be Excluded From Availing Benefit Of Compassionate Appointment Scheme: Jharkhand HC (18.09.2019)
  12. A Adopted son is entitled to Compassionate Appointment though he was adopted after the Death of Bread-winner: Punjab & Haryana HC (27.07.2016)
  13. Reserved category candidate is entitled to be considered for compassionate appointment against a General category post: MP HC (24.07.2016)
  14. No Compassionate Appointment to children born out of bigamous marriage: Madras HC (10.05.2016)
  15. SC directs Bihar Govt to reinstate police constable who was terminated 15 years after his appointment for being ineligible for compassionate appointment (05.05.2016) Also Read – SERVICE LAW
  16. Children aged below 15 cannot claim Compassionate appointment after attaining majority: Madras HC (05.05.2016)
  17. No compassion can be shown to a person who has no will to work: Delhi HC (21.04.2016)
  18. A Exclusion of widowed Daughter in Laws in compassionate appointment schemes constitutionally impermissible : Chhattisgarh HC (22.01.2016)
  19. Policy prohibiting ‘married’ daughters from seeking Compassionate Appointment benefit is Unconstitutional : Chhattisgarh HC (02.12.2015)
  20. Include divorced daughter within definition of Family for Compassionate Appointments: Allahabad HC to Govt. (29.11.2015) Also Read- TYPES OF SERVICE MATTERS IN CAT TRIBUNAL CHANDIGARH
  21. A person having Criminal antecedent cannot be recruited to the Police even if he is acquitted or discharged: SC (02.12.2014)
  22. No right to compassionate Appointment in Absence of undue Hardship – Allahabad HC (07.08.2018 B&B)
  23. Compassionate Appointments not a Right, only a concession- Madras HC (24.10.2017)
  24. Compassionate Appointment cannot be claimed as a matter of Right- Calcutta HC (15.07.2018)
  25. Compassionate Appointment Scheme/Circulars by Central Government on DOPT (Department of Personnel & Training) website.

 

Also Read- JOB IN CHANDIGARH POLICE ON COMPASSIONATE GROUND STAYED BY HIGH COURT

Probably this post cannot be completed without giving credit to the LiveLaw.In and BarandBench.com website who has done such a brilliant compilation of most popular judgments on the topic of Compassionate Appointment.

Rest the topic of compassionate appointment is so vast that it can be stretched to any extent and various other precedents can also be mentioned in this post but I will end it here. Hope it suffices the topic for you.

You may also contact Compassionate Appointment lawyer/advocate for legal advice in CAT Chandigarh, AFT Chandigarh, High Court Chandigarh Punjab Haryana for your case related free Legal advice.

For more info, please dial 99888-17966.

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