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NARENDRA KUMAR VYAS
Deenanath Tiwari, S/o. Late Shri Ramadhar Tiwari – Appellant
Versus
State Of Chhattisgarh, Through Its Secretary, Department Of Home/police – Respondent
ORDER :
(Narendra Kumar Vyas, J.) :
1) Since an identical issue is involved in bunch of these cases, they are heard analogously and are being disposed off by this common order.
2) The petitioners by way of these writ petitions are challenging rejection of claim for compassionate appointment on the ground that one of the family members is in Government Service, in fact they are working as Shikshakarmi.
WPS No. 1184 of 2022
3) The brief facts of the case of the petitioner – Deenanath Tiwari are that father of the petitioner Late Ramadhar Tiwari who was working as Assistant Sub-Inspector in the Police Department died in harness on 20.8.2007. The wife of the deceased i.e. mother of the petitioner moved an application on 9.10.2007 as also on 4.12.2007 for granting compassionate appointment to her younger son i.e. the petitioner before respondent No.5/SP, Bilaspur. However, by the impugned order dated 31.8.2012 respondent No.3/Assistant Inspector General of Police (Selection), PHQ, Raipur has rejected the claim of the petitioner for grant of compassionate appointment on the ground that his elder brother namely Kedar Nath Tiwari is already working on the post of Shikshakarmi Grade-III. Against
Compassionate appointment is not a right but an exception, contingent on financial need, and family members working as Shikshakarmi do not qualify as government servants.
Compassionate appointment is not a right but a measure to assist families in financial distress, and is contingent on family employment status and compliance with rules.
The main legal point established in the judgment is the need for strict construction of the policy for compassionate appointment and the inability to alter the policy through judicial intervention.
Point of Law : As more than 30 years have passed since the father of the petitioner/appellant had expired, neither there is any useful purpose to issue any positive direction, nor the facts of the ca....
The main legal point established in the judgment is the interpretation of the policy regarding compassionate appointment and the applicability of subsequent amendments to the case of the petitioner.
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