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V. KAMESWAR RAO, VIKAS MAHAJAN
Om Prakash – Appellant
Versus
Commissioner of Police – Respondent
V. Kameswar Rao, J. (Oral)
1. The challenge in this writ petition is to an order dated August 14, 2019, passed by the Central Administrative Tribunal Principal Bench, New Delhi (`Tribunal', in short) in Original Application No.3102/2018 whereby the Tribunal has dismissed the OA by stating as under:
"5. Heard learned counsel for the parties and carefully perused the pleadings on record. It is observed that admittedly the applicant's case for compassionate appointment was rejected on the ground of being overage as his case does not come within the ambit of the provisions of the Standing Order No.39/2014, which provides of consideration of candidature for appointment to the post of Constable (Driver) within maximum of 30 years of age only and applicant at the time of submission of his application has already attained the age of 31 years and seven months, which decision was communicated to the applicant vide order dated 9.2.2017. It is to be noted that applicant's mother has also sent her application to the Hon'ble Lt. Governor, Delhi, who also rejected the case of the applicant due to overage, as his case was not covered under the eligibility criteria of Standing Order No.39/2014 issu
Compassionate appointment is not a vested right and needs to be extended to the bereaved family, considering the financial benefits received by the family.
Compassionate appointment is contingent on meeting eligibility criteria, and being married disqualifies applicants from age relaxation.
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 cannot be claimed as an absolute right and should be granted in accordance with the terms and conditions of the scheme.
The main legal point established is that age relaxations under Service Rules do not apply to the compassionate appointment scheme, and the specific age limits prescribed for unmarried sisters of dece....
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