SUREPALLI NANDA
K. Jai Barath – Appellant
Versus
Union of India – Respondent
ORDER :
Heard Sri Mahadeva Kanthrigala, learned counsel for the petitioners and Sri Praveen Kumar Gadi, learned standing counsel appearing for respondents.
2. The petitioner filed this writ petition to issue, a writ of Mandamus declaring the action of the 3rd respondent in issuing the proceedings No.I-48A/Admn/2010.Compassionate /4360, dated 22/23.02.2010 and letter No.1-48A/Admn./2010/1714, dated 30.10.2014 issued by the 2nd respondent rejecting the case of the petitioners for appointment of compassionate grounds as illegal, improper, unjust, arbitrary and contrary to the proceedings No.19(9)/2012/D(Lab), dated 08.08.2012 of the 1st respondent and further direct the respondents to consider the case of he 1st petitioner for appointment on compassionate grounds in any suitable post.
3. The case of the petitioner, in brief, is as follows :
(a) The father of the petitioner was appointed as Mazdoor on 01.01.1975 and while he was in service as Grade II in the pay scale of Rs.950-1150-E.B-25-1400 with basic pay of Rs.3,875/-, died on 17.05.1998 leaving behind the petitioners and three sisters.
(b) The 2nd petitioner made a representation on 10.09.1998 to the concerned authorities for compassi
The rejection of a compassionate appointment must be fair, reasonable, and based on relevant considerations, and cannot be based on flimsy or illegal grounds.
Compassionate appointment is an exception and a concession, not a right, and should be made strictly in accordance with the rules. Long delays can lead to the rejection of compassionate appointments.
Compassionate appointment denied for belated claim (11+ years post-missing) where family survived on pension and incomes, negating immediate penury; not vested right, subject to policy on vacancies, ....
Compassionate appointment is granted to meet the sudden crisis on account of the death of the breadwinner while in service, and it is not a vested right that can be exercised at any time in the futur....
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