ANWAR FAROOQI Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner is seeking compassionate appointment. His father died while performing duty in connection with affairs of Union of India. Compassionate appointment is being sought in terms of instructions issued by Ministry of Home Affairs, Department of Personnel Public Grievance Person (department of personal training) O.M. No. 14014pb/B6/Est dated 30.6.87. Relevant instructions are quoted as under :

(2.) It be seen that brother in question was in service before petitioner's father died. If this be the situation then question which was required to be gone into is as to whether the financial condition of the family was such which required to be mitigated. Without taking note of this fact, respondent-authorities have declined the prayer of the petitioner. This is not correct approach. As a matter of fact while dealing with Rules of compassionate appointment in the State of Jammu and Kashmir in case of Vijay Kumar Vs. State of J&K, 1999(2) S.C.T. 34, SWP No. 488 of 1998 decided on 29th June, 1998 , it was held that the basic idea of giving compassionate appointment is to mitigate the financial crisis of the family of the deceased. The above decision was no doubt with regard to rules, prevailing in the State of J&K, but the basic idea is that it is the financial position of the family which is required to be taken note of. This is to be given paramount consideration. This has not happened in this case. In Susheela B. Bhakta Vs. Karnataka State Road Transport Corporation, 1995(3) SCT 382, Karnatka it was held that it is the duty of the authorities to hold an appropriate enquiry as to whether the family comprised of the dependants of deceased has any income to sustain. If it is found that the bereaved family is not in a position to tide over the crisis, then compassionate appointment should be given. Merely because separated son of the deceased has already been in employment, is no ground to deny the relief to the remaining family in distress.

(3.) Under these circumstances, petition is allowed. Respondent Union of India would reconsider their decision and take appropriate action. Petition allowed.