Compassionate appointment cannot be claimed as a matter of right and is subject to strict scrutiny of various parameters, including the financial position of the family, as per prevailing government policy.

JUDGMENT :

1. The petitioner has assailed the order dated 14.8.2017 passed by the respondents in compliance to an order dated 17.04.2017 passed by this court in SWP No.2656 of 2015 vide which the respondents have not granted compassionate appointment to the petitioner due to his lesser relative merit position.

2. Briefly stated facts which arise in this petition are that, the father of the petitioner late Sh. Som Dutt was working as L/Hand(NT) (HAV) with the respondent-department, died in harness on 03.12.1996. At the time of his death, he was survived by his widow, two sons and a daughter. The mother of the petitioner Smt. Nirmala Devi immediately thereafter approached the respondents for seeking appointment on compassionate grounds. The respondents, denied the same to the petitioner's mother vide their communication dated 4th July,2000 on the ground, that since GREF is an integral part of armed forces, as such, there is no such provision for employing the woman in the said department. The respondents, however, informed her that as and when her elder son attains the age of majority, they would again consider his case for appointment on compassionate ground.

3. The petitioner being the eldest son of deceased Shri Som Dutt, after attaining the age of majority moved an application seeking compassionate appointment, but the same remained pending with the respondents for almost 09 years. As the respondents were not considering his case, the petitioner approached this court seeking consideration of his case for appointment on compassionate grounds in terms of rules and policy in vogue by filing a writ petition bearing SWP No. 2656/2015 titled Sunny Khajuria vs. Union of India and others. This writ petition was disposed of by this court vide order dated 17.04.2017 with the following directions;

"10. In view of the ratio of the judgments (supra) and in the facts and circumstances of the case, this petition is disposed of with a direction to the respondents to consider for appointment of the petitioner on compassionate ground having regard to the recommendation made by the Board of Officers, as and when vacancy is available and of course as per rule admissible I the field".

4. The respondents in compliance to the aforesaid direction of this court, have passed the impugned order dated 14.08.2017 refusing compassionate appointment to the petitioner due to his lesser relative merit points. He was, however, informed that as and when his name comes up in the merit list, a letter for appointment on compassionate grounds would be issued to him. The operative portion of the said order reads as under;

"Whereas the issue of appointment will depend on your inter-see merit; position in the consolidated merit list. The call letter for appointment will be issued as and when your name comes up in the merit list subject to availability of vacancies meant for the purpose. All present 714 candidates already exist in the recommended merit list and awaiting consideration for compassionate appointment. No preferential offer of appointment can be made to you by superseding other application higher merit in the waiting list.

Where as it is also pertinent to intimate you that the year 2013 29 vacancies have been released/available and based on relative merit points RMP as per merit list of that year candidate who have minimum relative merit points RMP 74 has been considered for appointment on compassionate grounds similarly for the year 2014 13 vacancies were released available and based on relative ment poins RMP as per merit list of that year candidate who have minimum 80 relative merit points RMP has been considered for appointment on compassionate grounds your name was also considered for the above vacancies and did not came up in the merit list of appointment on compassionate grounds as you have 57 relative merit points RMP only whereas candidate with minimum RMP 74 have been considered for compassionate appointment grounds on release of said vacancies.

Whereas