RAM PAL Vs. STATE OF J & K

JUDGEMENT

(1.) Prayer made by the petitioner in the present writ petition is for a direction to the respondents to grant the petitioner appointment on compassionate basis on account of death of his father, who died on 11/12/1989. At the time of his death, the petitioner was merely four months old.

(2.) Present writ petition has been filed, seeking employment on compassionate basis more than 29 years after the death of his father.

(3.) Every appointment to public office must be made by strictly adhering to the mandatory requirements of Articles 14 and 16 of the Constitution. An exception by providing employment on compassionate grounds has been carved out in order to remove the financial constraints on the bereaved family, which has lost its bread-earner. Mere death of a Government employee in harness does not entitle the family to claim compassionate employment. The Competent Authority has to examine the financial condition of the family of the deceased employee and it is only if it is satisfied that without providing employment, the family will not be able to meet the crisis, that a job is to be offered to the eligible member of the family. More so, the person claiming such appointment must possess required eligibility for the post. The consistent view that has been taken by Hon'ble the Supreme Court is that compassionate employment cannot be claimed as a matter of right, as it is not a vested right.