GH MOHI-UD-DIN DAR Vs. UNION OF INDIA
LAWS(J&K)-1999-8-15
HIGH COURT OF JAMMU AND KASHMIR
Decided on August 20,1999

Gh Mohi -Ud -Din Dar Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) THERE is no denial to the fact that there are set rules, for making appointments to civil posts, which broadly speaking require that when any vacant post is required to be filled, the appointing authority is to fill it up through open competition by inviting applications, conducting tests/ examinations and/ or interviews. Rules have from time to time been promulgated governing the procedure for making appointments to the posts in the civil service of the Union of India or the State services. There is an exception to these provisions providing for appointment to the civil posts/ civil services. Provisions have been made for giving gainful appointments to one of the dependents of the deceased governments/ state employee who dies in harness.
(2.) THE object underlying the provisions for grant of compassionate appointment is to enable the family of the deceased employee to tide over the sudden crisis resulting from the death of the bread earner, which leaves the family in penury and without an means of livelihood. Out of pure humanitarian considerations and having regard to the fact that unless some source of livelihood is provided, the family of the deceased employee would not be able to make both ends meet. A provision is therefore, made for giving gainful employment to one of the dependents of the deceased who may be eligible for such appointment. Such a provisions makes a departure from the general provisions governing appointment on the posts by following a particular procedure. Compassionate appointment being in nature an exception to the general provisions care has to be taken that the grant of compassionate appointment does not unduly interfere with the right of other persons, who are eligible for appointment, to seek employment against a post.
(3.) IN the case Umesh Kumar Nagpal vs. State of Haryana, 1994 (4) SCC 138, the Apex Court held that the government or the appointing authority concerned is to examine financial condition of the family of the deceased and it is only if it is satisfied that, but for the provision of employment, the family will not be able to meet the crisis that a job is to be offered to the eligible member of the family. The object of compassionate appointment is as said above, to grant relief against the destitution. Compassionate appointment cannot be claimed or made as a matter of right. It is to be remembered that as against the destitute family of decease employee, there are millions of other families which are equally, if not more destitute The exception to the rule made in favour of the family of the deceased employee is in consideration of the services rendered by him but also primarily to provide a relief against destitution which is suddenly faced by the family of the deceased employee.;


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