TEHMINA MURTUZA CHARKE Vs. SECRETARY

JUDGEMENT

(1.) Rule. The 1st Respondent has filed an Affidavit in Reply. The other Respondents have appeared in the matter but have not filed any Affidavit. By consent, Rule made returnable forthwith.

(2.) Compassionate appointment concept finds its origin in Article 39 of the Directive Principles of State Policy in the Constitution of India. This provision makes a departure from the general provisions for appointment to a post by following a particular procedure of recruitment. The object of making such a benevolent scheme by a State or a Public Sector Undertaking is to ensure that dependents of the deceased are not deprived of means of livelihood and enable the family to combat sudden financial crisis. Hence it is imperative that compassionate appointment needs to be done immediately to redeem the family in distress and it is improper to keep a decision pending for an unreasonable period lest it becomes infructuous.

(3.) The inaction of the Respondents in the present case has clearly defeated the very object of compassionate appointment provision and compelled the Petitioner to approach this Court, while fending off the family 's hardships; financial and otherwise.