The Hindu Business Line : ‘Jobs for family of deceased as per rules only’

Appointments on compassionate grounds were an exception to Articles 14 and 16 of the Constitution, and not a new source of recruitment, Madurai Bench of Madras High Court has held.

The court could only enforce the rules, which were in conformity with these provisions of the Constitution. When Government had framed rules, including prescription of time limit, the court could not expand the scope of the rule, out of any sympathy.

Dismissing a batch of writ petitions challenging order dated 28-7-2001 of General Manager, Ordnance Factory, Tiruchy, Mr Justice K. Chandru referred to counter affidavits filed by the second respondent (GM, Ordnance Factory) stating details of family members of deceased workmen as well as quantum of benefits available to the family on account of the death of their near relative and submitting that they were not entitled for any compassionate appointment and that the wait period was also over.

Petitioners, however, contended that orders had been passed by the second respondent in a stereotyped manner, and on that short ground, those orders were liable to be set aside.

judgement cited

Citing a judgement of apex court (2003 (7) SCC 704), the judge said that appointment on compassionate ground could not be claimed as a matter of right. Even so, such appointments had to be made in accordance with rules, regulations or administrative instructions taking into consideration financial condition of family of deceased.

More Stories on : Human Resources | Courts/Legal Issues | Tamil Nadu

Article E-Mail :: Comment :: Syndication :: Printer Friendly Page