The High Court of Chhattisgarh dismissed an appeal against the rejection of a claim for compassionate appointment. The court held that the father's government employment meant the family was not destitute, barring the exception under Article 14.
No
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Appeal No. 683 of 2015
Swatantra Ratna Panigrahi son of Shri Khemeshwar Panigrahi, aged about 20 years, Resident of village Kumhali, Post Office Kumhaoi, Police Station Lohandiguda, District Bastar, Chhattisgarh.
---- Appellant
Versus
---- Respondents
For Appellant : Shri Prateek Sharma, Advocate. For Respondents/State : Shri Prafull N Bharat, Additional Advocate General.
Hon'ble Shri Navin Sinha, Chief Justice Hon'ble Shri P. Sam Koshy, J.
Judgment on Board
Per Navin Sinha, Chief Justice
05/01/2016
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has therefore to be done strictly in accordance with Article 14 of the Constitution of India preceded by an open advertisement and competitive merit selection with opportunity to all eligible who may have applied. A limited exception has thereafter been carved out for providing compassionate appointment to heirs of government servant if death takes place in service. It is an exception and not the rule. The object of providing compassionate appointment in such cases is to provide immediate succor to the family of the deceased who may be left destitute and in penury because of sudden loss of the bread winner of the family. Compassionate appointment is therefore not another mode of appointment
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sanctified by the Constitution. Euphemistically, it can be also described to that extent as a back door appointment as the candidate does not have to face competition from amongst other applicants and gains easy entry into service in these days of limited and competitive job opportunities.
Sd/Sd/(Navin Sinha) (P. Sam Koshy) CHIEF JUSTICE JUDGE
Amit
3 issues framed by the court
Whether compassionate appointment can be denied to the heir of a deceased government servant if another family member holds a government job.
Whether the appellant's father's employment renders the family not destitute barring compassionate appointment.
Whether compassionate appointment violates Article 14 if granted when an alternative source of government income exists.
Colour shows how this judgement treated each authority
Canara Bank v. M. Mahesh KumarRelied on¶31
AIR 2015 SC 2411 (Canara Bank v. M. Mahesh Kumar) · Who else cites this
1 provisions across 1 enactments
Swatantra Ratna Panigrahi
State of Chhattisgarh
Navin Sinha
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
