The Supreme Court has held that death of a
government employee in harness does not entitle the family to claim
compassionate employment and the person seeking appointment must possess the
eligibility for the post.
A bench of justices B S Chauhan and S A Bobde also
said that the competent authority should examine the financial condition of
family of the deceased and job should be offered to the eligible family member
only if it is satisfied that they would not be able to cope up with the crisis.
"Mere death of a government employee in
harness does not entitle the family to claim compassionate employment.
"The competent authority has to examine the financial condition of the
family of the deceased employee and it is only if it is satisfied that without
providing employment, the family will not be able to meet the crisis, that a
job is to be offered to the eligible member of the family. More so, the person
claiming such appointment must possess required eligibility for the post,"
it said.
The bench allowed an appeal filed by MGB Gramin
Bank which had challenged a 2010 judgement of the Rajasthan High Court by which
one Chakrawarti Singh, son of a deceased Bank employee, was directed to be
appointed under a scheme of compassionate employment.
Singh's father, who was working as a Class III
employee with the Bank, had died on April 19, 2006 while in harness. Singh had
applied for compassionate appointment on May 12, 2006.
The bench set aside the judgements of the High
Court, saying, "The reasoning given by the single judge as well as by the
division bench is not sustainable in the eyes of law." It also said that
"an ameliorating relief should not be taken as opening an alternative mode
of recruitment to public employment".
PTI : New Delhi, Tue Aug 20 2013
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