ORISSA HIGH COURT
UNION OF INDIA – Appellant
Versus
AJIT KUMAR KHUNTIA – Respondent
| Table of Content |
|---|
| 1. background on compassionate appointment. (Para 1) |
| 2. arguments against compassionate appointment claims. (Para 2) |
| 3. respondent's defense of the learned single judge's decision. (Para 3) |
| 4. discussion on compassionate appointment rationale in law. (Para 4) |
| 5. mandate to implement court order. (Para 5) |
JUDGMENT :
KRISHNA S. DIXIT, J.
We prelude this judgment with what George Orwell (1903- 1950) said “People sleep peaceably in their beds at night only because rough men stand ready to suffer violence on their behalf.” { George Orwell’s Essays, Notes on the Way, 1945. }
The 1st respondent was a CRPF Police. Whilst in combat duty in Srinagar, he suffered acute physical disability because of bomb blast engineered by terrorists. This was on 23.01.2007. He was discharged from service on 07.03.2014. The 2nd respondent happens to be his dependent wife. The request for her compassionate appointment having been turned down, vide order dated 18.06.2020, the couple filed W.P.(C) No. 26534 of 2020. The same came to be favoured by single judge, vide order dated 21.10.2024. Aggrieved thereby this Intra-Court appeal is filed by the Union Government & its officials.
2. Learned Senior Panel
R.D. Shetty v. International Airport Authority of India
Haryana State Electricity Board v. Hakim Singh
Nizam’s Institute of Medical Sciences v. Prasanath S. Dahnank
E.P. Royappa v. State of Tamil Nadu
Compassionate appointments in armed services must be approached humanely, recognizing the need for welfare for families of injured personnel, making such claims justiciable under constitutional provi....
The central legal point established in the judgment is that the provision for consideration of appointment on a lower post, if found unfit for the original post, must be taken into account in cases o....
(1) Compassionate ground is a concession and not a right – Compassionate appointment is an exception to general rule of appointment in public services.(2) Compassionate appointment – Dependent/applic....
Compassionate appointment is a concession and should be restricted to genuinely deserving families, with strict scrutiny of various parameters.
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