Last Updated on January 19, 2019 by Legalseva.net
Various courts of this country, be it CAT , High Court , Labour Court , Supreme Court etc. or any other have settled the view on jobs on compassionate ground in government offices which is
“ The appointment on the basis of compassionate ground is not a matter of right but there should not be any discrimination or arbitrariness. In that eventuality it would be violative of Articles 14 & 16 of the constitution of India.
Also Read- COMPASSIONATE APPOINTMENT CONTROVERSY EX-CJM’S WIDOW
Facts of the case:
1 Petitioner Rahul Bhardwaj who’s father was a DSP in Chandigarh Police died on duty due to heart attack on Jan 22, 2014.
2 He applied for the post of ASI in department on compassion ground after the death of his father.
3 The case was duly considered by the departmental common committee and further approved by the Advisor to administrator, UT Chandigarh.
4 The case was then forward to central government on March 20, 2014 where objections were raised since ASI post falls in Group C and thus the post of constable was offered to Applicants on April 29, 2016.
5 Petitioner approached the CAT Tribunal Chandigarh stating the reference of one Parminder Singh, similarly situated who was offered the post of ASI on compassionate ground vide letter dated Dec 26, 2014.
6 The tribunal allowed the appeal of Mr. Bhardwaj on Dec 13, 2017.
7 The UT administration against this order of CAT Chandigarh moved to High Court and oppose the petitioner to be made ASI following the death of his father working as a DSP on compassionate basis.
Also Read- GUEST TEACHERS CAN’T BE REMOVED TILL REGULAR APPOINTMENT – HIGH COURT
Conclusion: Law is clear in Service Matters. One for all and all for one. There can’t be any exceptions. If there are, then you too can be accommodated.
But remember, its never your right to get a job on compassionate grounds. So engage one of the top most CAT lawyers of Chandigarh who can make out your case.
Also Read- TYPES OF SERVICE MATTERS IN CAT TRIBUNAL CHANDIGARH
For more info on the subject, please dial 99888-17966.
