RAJ KUMAR Vs. GENERAL MANAGER

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner Sh. Raj Kumar, son of late Sh. Doodh Nath. Late Sh. Doodh Nath was an employee of the respondent -Railways. Sh. Doodh Nath expired on 31.01.2011 while still in services of Railways and the petitioner claims compassionate appointment. The case as set up in the writ petition is that the petitioner's mother was offered employment but she wants the petitioner to get employment with the respondent. Petitioner had approached the respondent and the respondent on 15.02.2012 rejected the request of the petitioner for appointment on compassionate ground in view of the fact that the financial condition of deceased Doodh Nath's family was not such which required compassionate appointment.

(2.) IT could not be disputed before me that on the death of Sh. Doodh Nath, the family received amounts totaling to Rs.11,76,000/ - as settlement dues/retirement benefits and the petitioner's mother is also getting pension of Rs. 6980/ - per month. It is also relevant to note that the petitioner is found to be earning Rs. 4000/ - per month as a private employee. The Supreme Court in the case of State Bank of India and Anr. vs. Raj Kumar : 2010 (3) Scale 635has held that the entitlement to compassionate appointment is not a matter of right and is not a substitute for a regular recruitment process. The Supreme Court has clarified that compassionate appointment can only be granted if there is a prevalent scheme for grant of compassionate employment, and not otherwise. The relevant paras of the judgment of Supreme Court in the case of State Bank of India (supra) are paras 6 to 8 which read as under: -

(3.) IN the present case, as per the scheme dated 6.1.2009, and which has been filed as Annexure R -1 to the writ petition, it is necessary that the competent authority should satisfy itself on the basis of the balanced and objective assessment of the financial conditions of the family entitlement for grant of compassionate appointment. Accordingly, the competent authority in view of the facts stated above has taken a decision that the financial condition of the deceased family is not such that compassionate employment should be granted.