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IN THE HIGH COURT OF JUDICATURE AT PATNA
PARTHA SARTHY
Abhishek Kumar, S/o. Late Rajnandan Prasad – Appellant
Versus
Civil Writ Jurisdiction Case No.1316 of 2017 – Respondent
JUDGMENT :
PARTHA SARTHY, J.
Heard learned counsel for the parties.
2. The petitioner has filed the instant application for the following relief:
“1. That the present petition is being preferred for issuance of an appropriate writ/writs order/orders direction/directions to concern authorities for consideration and his appointment against cadre/post in class-3 instead to class-4 by virtue of death to his father Late Rajnandan Prasad as an employee of corporation in light of eligibility suitability and qualification on basis of facts and for other necessary relief/reliefs to the basis of facts and circumstances of case enumerated and stated hereinafter.”
3. The case of the petitioner in brief is that his father who was working in the Bihar Police Building Construction Corporation died in harness on 4.9.1997.
4. The petitioner filed his application for appointment on compassionate ground, however the financial condition of the Corporation being very poor, no appointments were being made. It was only in the year 2014 that on the financial condition of the Corporation improving that a committee headed by the Chief Engineer of the Corporation was constituted to review the applications pending
Compassionate appointments are not a matter of right and depend on the availability of vacancies; once an appointment is accepted, further claims for higher positions are not permissible.
(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....
(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....
Once a compassionate appointment is accepted on a Class IV post, the right to such appointment stands exhausted, and seeking upgradation to a higher post is not warranted.
Compassionate ground is a concession and not a right – Whole object of granting compassionate employment is to enable family to tide over sudden crisis – Object is not to give such family a post much....
The main legal point established in the judgment is that the policy prevalent at the time of the employee's death is crucial for determining compassionate appointment, and subsequent policies should ....
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