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S. M. SUBRAMANIAM, C. KUMARAPPAN
Managing Director, Tamil Nadu Water Supply and Drainage Board – Appellant
Versus
C. Kamalakshi – Respondent
JUDGMENT :
S.M.SUBRAMANIAM, J.
The Compassionate Appointment is an exception and the same cannot be claimed as an absolute right. Compassionate Appointment since not an absolute right and a concession, cannot be considered beyond the scope of terms stipulated under the Scheme. 'Legal Right' and 'Concession' cannot be equated. The Scheme being violative of Articles 14 and 16 of the Constitution of India, has to be implemented scrupulously in accordance with the terms and conditions stipulated.
2. The Compassionate Appointment is not a method of appointment and not a Constitutional Scheme of appointment. The Scheme is implemented to mitigate the circumstances arising on account of death of an employee. Therefore, mitigating circumstances with reference to death of an employee is to be considered for appointment on compassionate grounds. Equal opportunity in public employment is a constitutional mandate. Extra constitutional appointments cannot be implemented beyond its scope infringing the right of the candidates aspiring to secure public employment through open competitive process. Lapse of time is also a ground to reject the appointment on compassionate grounds, since the penurious ci
Compassionate appointments must be sought within a reasonable time frame, and the scheme cannot be invoked after significant delays, as it undermines the rights of other eligible candidates.
Compassionate appointments require proof of indigent circumstances and must comply with constitutional mandates, ensuring equal opportunity in public employment.
Compassionate appointment is an exception and a concession, not an absolute right, and should be provided only to eligible candidates who can establish the genuineness of their claim.
Compassionate appointment is an exception and a concession, not an absolute right, and should be made strictly in accordance with the rules. The purpose of the scheme is to mitigate the circumstances....
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 an exception to the general rule and must be made in accordance with the state's policy and eligibility criteria, considering the financial condition of the deceased empl....
Compassionate appointment is an exception to the general rule and should be made in accordance with the state's policy and eligibility criteria. It is not a matter of right and is intended to enable ....
Compassionate appointment is a concession granted under exceptional circumstances and cannot be claimed as a matter of right. Equal opportunity in public employment is a constitutional mandate, and c....
Compassionate appointment is a concession and not an absolute right, to be provided within a reasonable period of time from the date of death of the deceased employee, in accordance with the State's ....
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