V. M. VELUMANI, RAI CHATTOPADHYAY
Sourav Sengupta – Appellant
Versus
Union of India – Respondent
JUDGMENT :
(Rai Chattopadhyay, J.)
A. Impugned order and prayers in the writ petition.
1. Impugned, in this writ petition, is the order of the Central Administrative Tribunal, Kolkata Bench, dated November 18, 2022. The Tribunal has delivered the same, to dispose of the original application filed before it by the present petitioner, being O.A No. 350/1769/2017 (Sourav Sengupta vs. Union of India & Ors.).
2. In this writ petition the petitioner has, inter alia, prayed for (i) writ in the nature of mandamus to commend respondent authority to act and proceed in accordance with law [i.e, prayer no. (a) in the writ petition], (ii) to quash and or set aside the impugned order of the Tribunal as mentioned above [i.e, prayer no. (b) in the writ petition], (iii) also to set aside previous orders of the respondent authority dated November 21, 2017 and July 18, 2012 [i.e, prayer no. (c) in the writ petition], (iv) the writ petitioner has also prayed for a direction to commend the respondents for consideration of his case for giving appointment on compassionate ground and issue a letter of appointment in his favour [i.e, prayer no. (d) in the writ petition], (v) the writ petitioner has also pra
Compassionate appointment is not a right but a concession for immediate financial distress following a government employee's death, and cannot be claimed after significant delay.
Compassionate employment cannot be claimed as a matter of right and should be provided immediately to redeem the family in distress. The court emphasized the need for immediate appointment on compass....
Compassionate appointment is an exception and a concession, not a right, and should be made strictly in accordance with the rules. Long delays can lead to the rejection of compassionate appointments.
Compassionate appointments should prioritize alleviating family distress over strict adherence to procedural technicalities.
Compassionate appointment not a vested right; rejected due to delay, substantial terminal benefits exceeding limits, and family self-sufficiency.
Compassionate appointment scheme applicable is that prevalent at employee's death date, not later modifications.
Compassionate appointment is exception for immediate financial crisis post-death of employee; not vested right claimable after 18-year delay when crisis overcome; requires proof of penury and merit c....
Compassionate appointment is granted to meet the sudden crisis on account of the death of the breadwinner while in service, and it is not a vested right that can be exercised at any time in the futur....
The main legal point established in the judgment is that the process for making compassionate appointments, including the inter-se assessment based on marking criteria by the Zonal Board, must be fol....
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