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SUJIT NARAYAN PRASAD, NAVNEET KUMAR
Atul Kumar – Appellant
Versus
Union of India through the Secretary (Posts) & Chairman, Postal Service Board, Ministry of Communication and Information Technology, Department of Posts, Dak Bhawan, P. O. & P. S. Sansad Marg, New Delhi – Respondent
ORDER :
Heard learned counsel for the parties.
2. The writ petition under Article 226 of the Constitution of India directed to quash the order dated 17.12.2018 passed by the Central Administrative Tribunal, Patna Bench, Circuit Bench, Ranchi in O.A. No. 051/00190/17 whereby and whereunder the decision taken by the respondent authority vide order dated 07.09.2016 by which the claim of the writ petitioner for appointment on compassionate ground has been rejected, declined to interfere with by dismissing the original application.
3. The brief facts of the case as per the pleadings made in the writ petition based upon the application filed before the learned Tribunal is required to be referred herein which reads as under;
Compassionate employment cannot be claimed as a matter of right and should be provided immediately to redeem the family in distress. The court emphasized the need for immediate appointment on compass....
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.
Compassionate appointment is an exception and a concession, not a right, and should be made strictly in accordance with the rules. Long delays can lead to the rejection of compassionate appointments.
Compassionate appointment is granted to meet the sudden crisis on account of the death of the breadwinner while in service, and it is not a vested right that can be exercised at any time in the futur....
Compassionate appointment is exception for immediate financial crisis post-death of employee; not vested right claimable after 18-year delay when crisis overcome; requires proof of penury and merit c....
Compassionate appointment scheme applicable is that prevalent at employee's death date, not later modifications.
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