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P. B. BAJANTHRI, ALOK KUMAR PANDEY
Pankaj Kumar Rai, Son of Late Janardan Rai – Appellant
Versus
Union of India, through Director General of Police, CRPF, DIGP Administration – Respondent
JUDGMENT :
(P.B. Bajanthri, J.)
The appellant has assailed the order of the learned single dated 28.08.2019 passed in CWJC No. 16708 of 2019. Core issue involved in the present lis is whether appellant is entitled to be consider for compassionate appointment on account of the fact that his father died in harness in the year 2012, when his father was holder of Class-IV Post/Class III Post. The Official-respondents have examined the eligibility of the appellant and found that he do not fulfill the physical standard of height to the post of Constable/Constable Peon and similar post. Non-consideration of appellant's name for compassionate appointment was a subject matter of CWJC No. 16708 of 2019. The learned single judge has not appreciated the relevant policy decision of the official-respondent insofar as Standing Order No. 01/ 2012 notified on 09.01.2012 in respect of Recruitment of Constable (Daftry/Peon/Safai Karamchari (Min) Farash/Library Attendant) in C.R.P.F. Physical standards prescribed for the open competition/recruitment to the various posts cited (supra) are as under:
| (c) | Physical Standards | HEIGHT(For Male Candidates only) | ||
| For General/OBC/SC Candidates | 165 | |||
Compassionate appointments do not require adherence to physical standards as per relevant standing orders, emphasizing social justice in employment for dependents of deceased government servants.
The central legal point established in the judgment is that the provision for consideration of appointment on a lower post, if found unfit for the original post, must be taken into account in cases o....
Compassionate appointments in armed services must be approached humanely, recognizing the need for welfare for families of injured personnel, making such claims justiciable under constitutional provi....
Point of law : As per the law laid down on the appointment on compassionate ground, for all the government vacancies equal opportunity should be provided to all aspirants as mandated under Article 14....
Compassionate appointment is not a vested right and needs to be extended to the bereaved family, considering the financial benefits received by the family.
(1) Compassionate ground is a concession and not a right – Compassionate appointment is an exception to general rule of appointment in public services.(2) Compassionate appointment – Dependent/applic....
Acceptance of a compassionate appointment precludes the individual from later claiming a higher post, as established by state policy and judicial precedent.
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