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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
INDERJEET SINGH, ANAND SHARMA
Union of India, through its Secretary, New Delhi – Appellant
Versus
Avinash Sharma S/o Late Shri Mahaveer Prasad Sharma – Respondent
ORDER :
1. Feeling aggrieved by order dated 26.09.2024 passed by learned Central Administrative Tribunal, Jaipur Bench, Jaipur in Original Application No. 216/2020, whereby directions have been given by learned Tribunal to the Union of India (Department of Posts) to reconsider the case of applicant for appointment on compassionate ground in the next meeting of Circle Relaxation Committee, the instant writ petition has been filed by the petitioners.
2. Facts, which are relevant for the purpose of adjucation of the dispute involved in the instant writ petition, are that the respondent filed Original Application before learned Tribunal contending therein that his father late Shri Mahaveer Prasad Sharma was holding the post of Mail Guard, Railway Mail Service Kota in the office of Senior Superintendent of Railway Mail Services, JP Division, Jaipur. However, father of respondent expired on 29.11.2017, while he was in service and the sudden death of sole bread earner in the family has left the entire family in grave financial crisis. It was further submitted by the respondent that his mother had already expired much earlier to the death of father. Under these circumstances, he filed an app
Compassionate appointment should prioritize the urgent financial needs of deceased employees' families, ensuring fair evaluation of circumstances, while judicial review is limited to jurisdictional e....
Compassionate appointments are a concession, not an absolute right, requiring adherence to eligibility criteria and assessment of family circumstances.
The court emphasized the need to consider the claim for compassionate appointment and to address discrepancies in family income within a specified timeframe.
Compassionate appointments should reflect a fair consideration of individual circumstances rather than solely depend on merit point systems.
Compassionate appointment claims cannot be perpetually revisited if merit point criteria are not met.
A claim for compassionate appointment cannot be maintained indefinitely if it fails to meet the merit criteria set forth in multiple evaluations.
Compassionate appointment scheme applicable is that prevalent at employee's death date, not later modifications.
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.
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