A person offered a job on compassionate grounds by the government has no right to be appointed to a post of his choice, the Delhi high court has held.
A person offered a job on compassionate grounds by the government has no right to be appointed to a post of his choice, the Delhi high court has held.
"This court is of the opinion that compassionate appointment to a particular post cannot be claimed by anybody as a matter of right," justice SN Aggarwal said in a ruling.
"Mere possessing of minimum qualification to hold a particular post does not bestow any legal right on the dependent of a deceased employee to seek employment on compassionate grounds to that particular post," the court said.
The court made the ruling on the plea of Ranjod Singh, a library assistant at the Lady Shri Ram College, who was seeking appointment to the post of junior assistant cum typist (JACT) as advised by the University Grants Commission (UGC) to the college.
Singh's father had died while serving as a senior assistant in the college in 2005, after almost 24 years of service, following which his appointment on compassionate grounds was sought.
The college offered the post of library assistant to Singh, which was accepted by him.
Subsequently, in due course of employment, Singh got to know that the UGC had advised the college for his appointment to the post of JACT and not library assistant.
Singh approached the court seeking a direction from it for his appointment to the post of JACT contending that the post of library assistant was "below his dignity" and did "not commensurate with his qualifications".
Delving into the object of compassionate appointments in public services, the court said, "Such appointments are an exception in favour of the dependents of an employee dying in harness to the general rule of appointment through open invitation of application and merit.
"The object is not to give a member of such family a post much less a post held by the deceased. Mere death of an employee in harness does not entitle his family to such source of livelihood," the court said.
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