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| Compassionate appointment provided purely on humanitarian ground, cannot be claimed as matter of right: CAT | | |
Early Times Report
JAMMU, Oct 3: A Judicial Member of Central Administrative Tribunal Srinagar DS Mahra held that the claim for appointment on compassionate ground is not a hereditary right or it cannot be claimed on the basis of a succession. The compassionate appointment is provided purely on humanitarian ground and cannot be claimed as a matter of right.
This order has been passed in a petition filed by Miss Sana Shafi whose Md. Shafi Dar, a Junior Engineer in the Public Works Department, Kashmir, died in harness on 18.02.2011, during his active service. After the death of the father, the petitioner applied for appointment on compassionate ground under SRO 43 of 1994. The respondents considered the claim of the petitioner under the said SRO and offered an Orderly (class IV) post in the Public Works Department, R&B Division, Kashmir. The petitioner joined the said post on 26.03.2018. As on today, the petitioner is working with the respondent Department as Orderly. 2. The petitioner vide letter dated 20.04.2018 (Annexure-III) again requested the respondents to re-examine and reconsider her claim for appointment on compassionate ground on a higher post since she has already passed 12th class. When the respondents did not give any response to her request, the petitioner filed a writ petition bearing SWP no. 2438 of 2018 before the Hon'ble High Court of Jammu and Kashmir for reconsidering her request which was subsequently transferred to this Tribunal and numbered as T.A. No. 2313 of 2020.
CAT after hearing both the sides observed that it clear that the claim for appointment on compassionate ground is not a hereditary right or it cannot be claimed on the basis of a succession. The compassionate appointment is provided purely on humanitarian ground and cannot be claimed as a matter of right. After the death of the father of the petitioner in 2011, the petitioner applied for appointment on compassionate ground, she was appointed and working as such as on today as Orderly.
While dismissing the petition, CAT observed that A view of above legal position, the petitioner is not entitled for second consideration by the respondents for appointment on compassionate ground.
—JNF |
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