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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN
Mukesh Rajak, Son of Late Durga Rajak – Appellant
Versus
Union of India – Respondent
JUDGMENT :
SRI ANANDA SEN, J.
1. Heard the parties.
2. The petitioner in this writ petition has challenged the order dated 19.12.2024. (Annexure 11 to the writ petition) whereby his provisional appointment in Border Road Organization has been cancelled on the ground that he was declared permanently unfit being below the physical standards with respect of his height.
3. Learned counsel for the petitioner submits that once the petitioner has been issued with the provisional selection letter, the same could not have been recalled or cancelled. It is his contention that the petitioner was appointed on compassionate ground in terms of the scheme of compassionate appointment, thus, the strict height criteria should not have been applied in the case of the petitioner. He further submits that he is the only one in the family to look after himself and his mother and other family members after the sudden death of his father who was the only bread winner, working in Group D post. Thus, it was much necessary to grant compassionate appointment to tide over the immediate financial crisis.
4. Learned counsel on behalf of Union of India submits that the normal procedure for appointment has to be follow
Compassionate appointment is a concession and not a right, and should be strictly implemented in accordance with the prevailing rules and parameters.
Compassionate appointment is a concession, not a legal right, and requires compliance with specific provisions while emphasizing immediate application to demonstrate need.
Compassionate appointment is not a right and can only be granted under exceptional circumstances, as per the legal provisions and principles discussed by the court.
Appointment on compassionate basis is not a vested right and is aimed at protecting the family from financial destitution. There is no inherent right to appointment on compassionate basis, and it is ....
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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