Page 50 - test_constitution 100

50
THE CONSTITUTION OF INDIA ART. 16
Compassionate appointment cannot be claimed as matter of right. (MGB Gramin Bank v Chakrawati Singh, AIR 2013 SC 3365 : 2013(6) Scale 223).
Compassionate appointment cannot be made as of right, has to be made in accordance with Rules, regulations, administrative instructions. (Union of India v Shashank Goswami, AIR 2012 SC 2294 : (2012)11 SCC 307).
Only widow, dependent children of the deceased employee can be given compassionate appointment. (National Institute of Technology v Niraj Kumar Singh, AIR 2007 SC 1155 : (2007)2 SCC 481).
Where under the Bipartite Agreement, the female dependent has opinion either to accept money compensation or employment, employer cannot force her to accept monetary compensation. Compensatory appointment was given to the son of the female. (Smt. Subhadra v Ministry of Coal and Another, AIR 2018 SC 783).
Compassionate appointment would be refused where application for the same is filed with delay, the deceased had received sufficient retiral benefits. (Union of India v Shashank Goswami, AIR 2012 SC 2294 : (2012)11 SCC 307 ; Shreejith L v Deputy Director (Education), Kerala, AIR 2012 SC 2665 : (2012)7 SCC 248).
Refusal of compassionate appointment on the ground that the family members had received substantial amounts on the death of the deceased bank employee and there was no financial hardship was held proper. (Punjab National Bank v Ashwini Kumar Taneja, AIR 2004 SC 4155 : 2004 SCC (L&S) 938).
Belated claim for compassionate appointment shall not be entertained. Dhalla Ram v Union of India, AIR 1999 SC 564 : 2000(87) FLR 189 : (1997)11 SCC 201.
There is no prescribed proforma for an application for compassionate appointment. (Shreejith L. v Deputy Director (Education), Kerala, AIR 2012 SC 2665 : (2012)7 SCC 248).
Son of the deceased applied for compassionate appointment 7Ω years after the death of his father. As the appointment did not subserve the basic purpose/object of the scheme, it was refused. (Local Administration Department v M. Selvanayagam, AIR 2011 SC 1880 : (2011)13 SCC 42).
Application for compassionate appointment filed 17 years after the death of the Government servant was rejected. Consideration of financial need cannot operate after such a long time. (State of U.P. v Paras Nath, AIR 1998 SC 2612 : (1998)2 SCC 412; see also U.P. State Electricity Board v U.P. Bizali Karamchari Sangh, 1998 SCC (L&S) 157; Haryana State Electricity Board v Hakim Singh, AIR 1997 SC 3887 : (1997)8 SCC 85).
Compassionate appointment can be made where clear vacancy is available. Court would not direct the department to create supernumerary posts. (A.P.S.R.T.C. v Dannina Rajeshwari, 1999 SCC (L and S) 1182 : 1999 AIR SCW 4940; see also Regional Manager, A.P.S.R.T.C. v M. Sampoornamma, 1999 SCC (L&S) 1162; Hindustan
A KLJ PUBLICATION