SC on which norms to apply to a claim for compassionate appointment

The Hon’ble Supreme Court, on 4th March 2020, in the matter of N.C. Santhosh v. State of Karnataka & Ors. observed that for consideration of claim for compassionate appointment, the norms, prevailing on the date of consideration of the application, should be the basis for consideration of claim. The claimant is disentitled to seek consideration in accordance with the norms as applicable, on the day of death of the government employee.

The Hon’ble Supreme Court observed that:

For all government vacancies equal opportunity should be provided to all aspirants as is mandated under Articles 14 and 16 of the Constitution. However appointment on compassionate ground offered to a dependant of a deceased employee is an exception to the said norms. (Para 14)

The norms, prevailing on the date of consideration of the application, should be the basis for consideration of claim for compassionate appointment. A dependent of a government employee, in the absence of any vested right accruing on the death of the government employee, can only demand consideration of his/her application. He is however disentitled to seek consideration in accordance with the norms as applicable, on the day of death of the government employee. (Para 20)

Copy of judgement: Judgement_04th-Mar-2020

-Adv. Tushar Kaushik

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