SHASHIKANT PANDEY Vs. RAJENDRA AGRICULTURAL UNIVERSITY BIHAR

JUDGEMENT

(1.) Human greed has no limits. Present writ application is a living example of the same. Compassionate appointment made way back in the year 1992 is being sought to be made a grievance of now in the year 2010 pleading discrimination in conferment of such benefit vis-a-vis similarly situated employees. Compassionate appointment is neither a fundamental right nor a constitutional right of any individual. In fact, it verges on violation of Articles 14 and 16 of the Constitution of India. Still, the Hon'ble Apex Court has taken a lenient view so far holding that if there is policy in existence, such benefit can be extended but that too for a very limited purpose for which provisions for compassionate appointment is made.

(2.) From the pleadings and assertions made in the writ application, petitioner is looking for windfalls rather than looking for parity with similarly situated persons after more than two decades of his appointment on compassionate ground under the respondents.

(3.) Irrespective of the stand of the University the basic facts by itself speak for itself. Charity extended beyond a point can be termed or labeled as arbitrary even if by way of a judicial direction or order.