Compassionate appointment is not an inherent right: Supreme Court

The Uncut


New Delhi. The Supreme Court on Wednesday dismissed an individual’s plea saying appointment on compassionate grounds is not an inherent right to get a government job as it is not a condition of service of an employee who dies while in service. The court dismissed the plea of ​​a man whose father, a police constable, died while on duty in 1997 when the petitioner was seven years old.

Justice Abhay S. Oka, a bench comprising Justice Ahsanuddin Amanullah and Justice Augustine George Masih said that no direction can be issued asking the State to continue any illegality contrary to the relevant policy in favor of any person or group of persons.

Justice Masih, writing the judgment for the bench, said appointments on compassionate grounds are made to address the immediate financial crisis arising at the time of death of a family member and is not an inherent right which can be claimed after a long period of time has passed. Can be done later.

The judgment said, “As far as claiming compassionate appointment as an inherent right to appointment is concerned, suffice it to say that the said right is not a condition of service of an employee who dies in service, which cannot in any way be should be given to the dependent without any screening or selection process.” Petitioner Tinku’s father, constable Jai Prakash, died along with an officer in the line of duty in 1997. Tinku was only seven years old at that time and his mother, who was illiterate, could not apply for appointment on compassionate grounds.

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