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MANOJ KUMAR TIWARI, VIVEK BHARTI SHARMA
Neeraj Tikedar – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Manoj Kumar Tiwari, J.
This intra-court appeal is filed by writ petitioner challenging the judgment and order dated 19.07.2022, passed by learned Single Judge, in Writ Petition No. 846 (S/S) of 2018.
2. Operative portion of the impugned judgment is reproduced below :
10. In view of the said apparent physical anomaly, the rejection of the candidature of the petitioner by the impugned order dated 7th March 2018 cannot be said to be suffering from any defect of the procedural aspect, contained in the Standing Orders, referred to hereinabove, governing the grant of compassionate appointment.
11. Hence, the rejection of the petitioner’s appointment on compassionate ground was justified and it didn’t suffer from any apparent error, because the examination
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....
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....
Compassionate appointments are strictly governed by existing state policies, and medical rejections are binding, preventing claims that do not adhere to such policies.
Compassionate appointment should be provided immediately to redeem the family in distress, and it cannot be claimed or offered after a lapse of time and after the crisis is over.
Compassionate appointments do not require adherence to physical standards as per relevant standing orders, emphasizing social justice in employment for dependents of deceased government servants.
The Court established that administrative decisions regarding appointments must be clear and reasoned, ensuring transparency and accountability.
Point of Law : compassionate appointment is not a matter of right, but must be governed by the terms on which the State lays down the policy of offering employment assistance to a member of the famil....
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