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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANDA SEN
Sujay Swansi, son of Late Dhondhalo Swansi – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
SRI ANANDA SEN, J.
1. Heard parties the at length.
2. The petitioner challenges the order by which his appointment on compassionate ground has been rejected.
3. Late Dhondhalo Swansi was a ‘Chowkidar’ under Tamar Police Station in Beat No.7/2. He died in harness on 10.12.2001. This petitioner who claims himself to be son of Dhondhalo Swansi applied for compassionate appointment which was rejected by the impugned order.
4. After going through impugned order, I find that the reason for rejection is that the petitioner was born after one year 11 days of the death of the employee.
5. Admittedly, the date of death of Dhondhalo Swansi was 10.12.2001 and this petitioner was born on 21.12.2002. This fact has been admitted by the petitioner.
6. The aforesaid facts clearly suggests that the petitioner cannot be said to be a son of Dhondhalo Swansi. As a child cannot be born from a person who died more than one year ago from the date of birth of the child.
7. Further, I find that Dhondhalo Swansi died in the year 2001. As per the petitioner’s submission, the petitioner was not even born at the time of death. Now 24 years have lapsed. The basic purpose of giving compassionate appointment is
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.
Compassionate appointment is not a right but a concession and should be strictly in accordance with the prevalent rules for compassionate appointment applicable to the deceased/prematurely retired em....
Compassionate appointments are an exception to the general recruitment rules and contingent upon strict adherence to governing schemes; eligibility requires eligibility criteria to be met, such as mi....
Compassionate appointment is an exception to the normal method of recruitment, subject to strict scrutiny of various parameters including the financial position of the family, and is meant to enable ....
Compassionate appointment is a concession and not a right, and should be strictly implemented in accordance with the prevailing rules and parameters.
Compassionate appointment should be sought within a reasonable period after the death of the employee to address immediate financial hardship.
Compassionate appointment is an exception to the general rule and is meant to provide immediate help to the family of the deceased breadwinner. Appointment on compassionate ground is a concession and....
Compassionate appointment is a concession, not a legal right, and requires compliance with specific provisions while emphasizing immediate application to demonstrate need.
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