O R D E R Smt. Dori Bai, claiming the settlement dues of her father and later on in 05.02.2000 withdrew the case on her own after executing an agreement with her step-mother. The succession case No.280/1998 is marked herewith as Annexure-R/1. After settlement of this case the appointment of Smt Dori Bai has been done on compassionate ground in place of applicant's father Shri Bajarilal. The respondents further urged that the applicant is herself accepting that she is married with one Shri Dilip Brahmvanshi and living happily with her husband with one daughter. As such, she is not eligible to get any Compassionate Appointment as she is solely dependent on her husband and also there is no provision to appoint a step-daughter on CGA.

5. We have gone through the documents and the annexures filed with the O.A. We have also perused the written submissions given by the applicant’s counsel

6. The issue in this case is with regard to compassionate appointment to the applicant who is already married and living separately with her husband.

7. As per the Railway Board's letter dated 21.11.2001 (RBE No.224/2001), the married daughter may be appointed upon Digitaly signed by RAJUL NAMDEO compassionate ground but it is the requirement that she should be wholly dependent upon the ex-employee at the time of his death etc. After due consideration, the Railway Board has decided that the cases of dependent divorced/widowed daughter should also be considered for appointment on Compassionate grounds, as in the case of married daughters. Such cases are to be considered in terms of Para-2 of Board's letter cited above. Such applicants should have been wholly dependent on the ex-employee at the time of the ex- employee's death/medical invalidation. The order will be effective prospectively from the date of issue of instruction. Rest cases need not be re-opened.

7.1. No doubt that as per the Railway Department Circular, the "married daughter" is also entitled to get the compassionate appointment but the prime condition is "wholly dependency". If she was wholly dependent upon the employee. Therefore, looking to all other circumstances, she may be appointed on compassionate ground.

8. In this case, it is found that the applicant was not dependent upon the deceased employee. A common prudent man may understand the reality. Prima facie, it cannot be believed that a married daughter, who is living with her husband and having one children will be dependent upon her step-mother. Therefore, the Digitaly signed by RAJUL NAMDEO claim of the applicant cannot be accepted upon the ground that she was dependent upon the step-mother. It is also clear from the record that the applicant withdrew her succession case after executing an agreement with her step-mother, to whom compassionate ground appointment was given in place of her father.

8.1. It is established by the catena of decisions of the Supreme Court that for all government vacancies equal opportunity should be provided to all aspirants as mandated under Articles 14 and 16 of the Constitution. However, appointment on compassionate ground offered to a dependent of a deceased employee is an exception to the said norms. The compassionate ground is a concession and not a right.

8.2. It is established law that compassionate appointment is an exception to the general rule of appointment in the public services and is in favour of the dependents of a deceased dying in harness and leaving his family in penury and without any means of livelihood, and in such cases, out of pure humanitarian consideration taking into consideration the fact that unless some source of livelihood is provided, the family would not be able to make both ends meet, a provision is made in the rules to provide gainful employment to one of the dependents of the deceased who may be eligible for such employment. The whole object of granting Digitaly signed by RAJUL NAMDEO compassionate employment is, thus, to enable the family to tide over the sudden crisi