RAKESH PRASAD YADAW Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this petition, the petitioner seeks a writ of mandamus directing the respondents to provide compassionate appointment to the petitioner.

(2.) THE facts, in brief, are that the father of the petitioner namely Rajendra Prasad Yadaw was working as Lower division Teacher at Government Higher Secondary School, sarangarh. Rajendra Prasad Yadaw died on 31. 01. 1996 (Annexure P/1) in harness. After his death, the son i. e. the petitioner made an application and thereafter certain reminders and also a revised application (Annexure P/2 and p/3) to the respondents for compassionate appointment. The grievance of the petitioner is that till date, the petitioner has not been granted compassionate appointment. The respondents have even not decided the representations and applications made by the petitioner.

(3.) BE that as it may, it is well settled that compassionate appointment is not in accordance with the constitutional scheme of employment and is a back-door entry. Moreover, it is now well settled that appointment on compassionate ground cannot be claimed as a matter of right. The grant of compassionate appointment is to provide succor and relief to the dependent members who had become penurious on the death of the bread earner of the family. The petitioner has survived since the year 1996 till 2001 without any assistance from any source.