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Sumit Kumar Sharma – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
1. Heard Sri Pradeep Kumar Kashyap, learned counsel for the petitioner as well as Sri Shashi Prakash Singh, learned Additional Solicitor General of India assisted by Sri Vivek Triapthi, learned counsel for the respondents.
2. Learned counsel for the petitioner submits that by means of present writ petition, petitioner has assailed the order dated 12.05.2021, passed by the Inspector General of Police, Central Reserve Police Force, Central Command, Vibhuti Khand, Gomati Nagar, Lucknow, whereby candidature of the petitioner for compassionate appointment on one of the various posts in the CRPF have been rejected.
3. It is next submitted by learned counsel for the petitioner that his father was posted as Assistant Sub Inspector at 63 Battalion, CRPF and he died on 18.05.2016 in harness leaving behind his widow wife an petitioner himself as his legal heirs. Petitioner's father was the only bread earner of the family and consequently the petitioner made an application for being appointed under the dying-in-harness rules applicable to the said Organisation, for the posts which have been earmarked for the same.
4. The petitioner was asked to appear for physical test on 13.05.2019, at
Point of law : As per the law laid down on the appointment on compassionate ground, for all the government vacancies equal opportunity should be provided to all aspirants as mandated under Article 14....
Compassionate appointment is contingent on meeting eligibility criteria, and being married disqualifies applicants from age relaxation.
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 a concession and not a right, and it is to be provided strictly in accordance with the terms and conditions stipulated. Lapse of time can be a ground to deny appointment ....
Compassionate appointment cannot be claimed as a matter of right and is subject to strict scrutiny of various parameters, including the financial position of the family, as per prevailing government ....
Compassionate appointment is an exception to the general rule and is provided to enable a family to tide over a financial crisis caused by the death of its wage-earner while in service.
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