ASHISH SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant is the son of late Shri Madho Prasad Sharma, who was working as Jamedar in the Office of the Railway Mail Service, Jaipur and died on 30.6.94, while in service. THE applicant made an application to the respondents for providing him employment on compassionate grounds. His application was rejected vide communication dated 7.3.2001 (Annex. A-1) in the O.A.

(2.) The respondents have come out with the case that the Circle Selection Committee considered the case of the applicant, as per the instructions contained in the Department of Posts and Telegraphs OM dated 9.10.98, but did not find him in indigent circumstances and therefore rejected his application for compassionate appointment. It is further stated that the object of giving compassionate appointment is to enable the family of the deceased to tide over the sudden crisis and now after the crisis is over the applicant is not entitled to appointment on compassionate grounds. It is also stated that the appointment on compassionate grounds can be given within one year from the date of death of the Government servant and that too within the ceiling of 5% vacancies to be filled by direct recruitment, but no vacancy is available on which the applicant can be given appointment.

(3.) IN the reply to the rejoinder, the respondents have stated that the applicant does not have a legal right to get appointment on compassionate grounds.