LALITA Vs. UNION OF INDIA

JUDGEMENT

(1.) WE have heard Mr. Sajnu Ram, learned Counsel for the petitioners and Sri Govind Saran, learned Standing Counsel for the respondents- t Railway and also perused the record.

(2.) THE petitioners are aggrieved by the judgment/order dated 31. 7. 2007 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad (in short the Tribunal) dismissing Original Application No. 419 of 2004 (Smt. Lalita and another v. Union of India and another) whereby the petitioners have sought for mandamus commanding the respondents to provide compassionate appointment to petitioner j No. 2.

(3.) THE purpose and objective of compassionate appointment is to provide immediate succor to the bereaved family whose sole bread earner has died in harness. It is not a source of recruitment. It only enables the family to tide over (the sudden crisis and not to give a member of such family a post much less a " post held by the deceased. It is not a kind of right of succession in the service when the employee has died in harness. THE compassionate appointment has always been considered to be an exception to the Rules made in favour of the family of the deceased employee in consideration of services rendered by him and legitimate expectations, change in status and affairs of the family endan- , gered by the erstwhile employment which are suddenly upturned. It cannot be allowed as a matter of course. THEre is no question of reserving a vacancy for the Dependents of deceased employee so as to provide them as and when they claim the same after acquiring requisite qualification, age etc. If compassionate appointment is allowed after reasonably long time, it would defeat the very object of assisting the family of deceased employee to tide over the sudden crisis result ing due to the death of bread earner, leaving his family in penury and without any means of livelihood. THE matter has been considered by the Apex Court as well ' as this Court time and again and it would be useful to have a bird's eye view on some of such authorities of Apex Court.