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Monday, April 11, 2011

Compassionate appointment is not a matter of right:SC

New Delhi, Apr 5 (PTI) Compassionate appointments cannot be made as a matter of right as it has to be done only when the family is in need of financial security after the death of the bread winner otherwise it would be unconstitutional, the Supreme Court said today.
A bench of justices Aftab Alam and R M Lodha quashed a direction of the Madras High Court which directed appointment of M Selvanayagam in Karaikal Municipality, five years after the death of his father Meenakshisundaram, a watchman.
"An appointment made many years after the death of the employee or without due consideration of the financial resources available to his/her dependents and the financial deprivation caused to the dependents as a result of his death, simply because the claimant happened to be one of the dependents of the deceased employee would be directly in conflict with Articles 14 & 16(equality) of the Constitution and hence, is quite bad and illegal.
"In dealing with cases of compassionate appointment, it is imperative to keep this vital aspect in mind," the bench said.

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