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SUDESH BANSAL
Manju Sharma – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
1. Assistance of advocate for petitioner is not available, as advocates have taken a call to abstain from the judicial work and not to appear before Courts right from 20.02.2023 onwards, therefore, this Court has no option except to hear the petitioner, present in person and to consider the writ petition as per the material available on record on merits.
2. By way of instant writ petition, challenge has been laid by the petitioner to orders dated 31.12.2018, 06.03.2019 and 18.02.2022 whereby and whereunder prayer of petitioner to accord compassionate appointment to her son Bharat Sharma in place of her husband-late Shri Kailash Narayan Sharma who was posted as Head Constable and passed away on 07.05.2017 during the course of his service, has been declined and therefore the petitioner has made a prayer to quash and set aside impugned orders and direct respondents to consider her application for grant of compassionate appointment to her son namely Bharat Sharma.
3. From facts as pleaded in the writ petition, it transpires that the petitioner's husband Shri Kailash Narayan Sharma passed away on 07.05.2017 and at that point of time he was employed as Head Constable in the office
Compassionate appointment cannot be claimed or offered after a significant lapse of time and after the crisis is over.
Compassionate appointments must adhere to the eligibility criteria existing at the time of the employee's death, and retrospective application of new rules is not permissible.
The main legal point established in the judgment is that the application for compassionate appointment should be reasonable and proximate to the time of the death of the bread earner, and the process....
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.
Compassionate appointments confer moral responsibilities, and neglecting dependent obligations undermines the underlying purpose of the appointment.
Compassionate appointment is an exception to the general rule and can only be granted based on fulfilling the norms laid down by the State's policy and eligibility criteria. No aspirant has a right t....
The purpose of providing appointment on compassionate ground is to mitigate the hardship due to the death of the bread-earner in the family, and exceptional clauses/rules must be strictly construed.
Compassionate appointments must consider the employment status of dependents at the time of the deceased's death, not subsequent changes.
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....
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