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SANJEEV PRAKASH SHARMA
Bhola Prasad Singh – Appellant
Versus
State of Bihar – Respondent
ORDER
Heard the parties.
2. The issue involved in the present writ petition is no more res integra in view of the judgment passed by the Division Bench in the case of Dilip Kumar Bhattacharya vs. State of Bihar reported in 2004 (4) PLJR 889, wherein it has been held that even the dependents of a work charged employee would be entitled for the similar benefit of compassionate appointment as has been allowed to other employees of the Government of Bihar. The petitioner has been denied consideration for appointment on compassionate ground solely on the ground that his father was working on work charged basis. It would be appropriate to quote the judgment passed by the Division Bench:—
“14. Law is well settled that if the employees fall in two different classes, then they can be classified and that will be followed for the purpose of scale, promotion and other benefits and that will not be hit by quality clause of Articles 14 and 16 of the Constitution of India. It is equally well settled that the Government has power to provide the facilities of compassionate appointment to the employees and deny the claim of other class of employees if the policy is valid and not in breach of equality c
Compassionate appointment is an exception to the general rule of appointment in the public services and is provided to enable the family to tide over a sudden crisis. It is not a source of recruitmen....
(1) Compassionate Appointment – Descent cannot be a ground for denying employment under scheme of compassionate appointments.(2) Compassionate Appointment – Appellant cannot be denied consideration u....
Compassionate appointment is an exception and a concession, not an absolute right, and should be made strictly in accordance with the rules. It is a means to enable the family of the deceased to get ....
The court established that sisters are not considered dependents for compassionate appointments under the specific rules governing non-teaching staff, affirming the need for adherence to statutory de....
(1) Compassionate Appointment – Employment on compassionate basis is provided only on account of humanitarian consideration – Such appointment which is arising out of exceptional circumstances, canno....
Compassionate appointment is a concession and should be restricted to genuinely deserving families, with strict scrutiny of various parameters.
Compassionate appointment is an exception and not a matter of right, and should be considered within a specific time frame as per the prevailing policy at the time of consideration.
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