CHANDRA SHEKHAR PRASAD GUPTA Vs. STATE OF CG

JUDGEMENT

(1.) HEARD.

(2.) THE petitioner, being dependent son of late Shri Gopal Prasad Gupta, who while working as Assistant Teacher, died in harness on 26.9.2000, made an application for appointed on compassionate basis. According, the petitioner was appointed on compassionate basis on the post of Shiksha Karmi Grade-Ill by order dated 5.7.2005 (Annexure P/3). Learned counsel appearing for the petitioner submits that the post of Shiksha Karmi is a temporary post, In view of the Circular dated 12th Februrary, 2008 (Annexure P/4) the petitioner is entitled to be appointed in a regular post i.e. Assistant Grade-III.

(3.) IT is also well settled that mere death of the employee does not entitle his family to claim compassionate appointment if the family members could sustain themselves financially from other sources of income. The compassionate appointment is granted only in the event, if an employee dies in harness and on account of sudden death, the dependent family has become penurious on sudden demise of the bread earner of the family, The compassionate appointment itself is a backdoor entry. It is a departure from the general rule of employment, as provided under the provisions of Article 14 and 16 of the Constitution of India. The appointment on compassionate basis is not in accordance with the constitutional scheme of employment but in order to sub-serve the above stated purpose. This provision has been made under the Rules framed by the State Government (see Commissioner of Public Instructions and others v. K.R. Vishwanath : (2005) 7 SCC 206, State of J and K and others v. Sajad Ahmed Mir : (2006) 5 SCC 766, National Institute of Technology and others v. Niraj Kumar Singh : (2007) 2 SCC 481).