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2016 Supreme(Cal) 41

SANJIB BANERJEE
Ganga Sadhukhan – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
Mr. Banshari Mohan Goswami, for the Petitioners
Mr. Bhudeb Chatterjee, for the Union of India

JUDGMENT :

The petitioners complain of the application of the second petitioner for an appointment on compassionate grounds, following the death of his father on December 20, 2012, not being disposed of despite the financial distress of the family.

It is submitted on behalf of the respondents that the appropriate recommendation has been made by the local office and the matter is pending consideration in New Delhi.

It is noticed that there is little appreciation across Government organisations, whether of the State or of the Union, as to compassionate appointments. To begin with, an appointment granted on compassionate grounds is an exception to the general rule that appointments shall be open to all eligible to apply therefor. Such exception to the rule of equality in Articles 14 and 16 of the Constitution may only be justified on the ground that it is for the purpose of taking care of the financial distress of the bereaved family upon the premature death of the breadwinner.

Thus, if the very purpose of affording an appointment on compassionate grounds is to help the bereaved family to tide over the immediate financial crisis, it would not do to keep an application pending for months a







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