Claim For Compassionate Employment Abates If Any Family Member Secures Govt Service Before Consideration Of Application: Chhattisgarh HC
The Chhattisgarh High Court has made it clear that a claim for compassionate appointment will not stand in case a family member of the claimant secures a government job before consideration of the application seeking such employment.Thus, it upheld the order of competent authority removing the Petitioner, who was appointed on compassionate basis following the demise of her father-in-law, on...
Thus, it upheld the order of competent authority removing the Petitioner, who was appointed on compassionate basis following the demise of her father-in-law, on the ground that both her husband and her brother-in-law had secured government jobs before her application was considered by the authority.
The Petitioner had submitted an application for compassionate appointment on January 7, 2019 and the same was considered and allowed on June 2, 2021. However, in the interregnum, the services of her husband and her brother-in-law as 'Shiksha Karmis' were absorbed in a Government Department on November 1, 2020 and July 1, 2019, respectively.
Though at the time of making the application, no one in Petitioner's family had a government job, the position changed before her application could be considered.
Thus, the question before the Court was whether the decision of competent authority in cancelling Petitioner's appointment was justified or not.
Though a single bench had found fault with her removal, the division bench herein comprising Justices Arup Kumar Goswami and Parth Prateem Sahu set aside single judge's order and approved the order for her removal.
While doing so, the bench heavily relied on NC Santosh v. State of Karnataka & Ors., where a 3-Judge bench of the Supreme Court had held that the norms "prevailing on the date of consideration of the application" should be the basis for consideration of claim for compassionate appointment.
"Thus, the policy in force at the time of consideration of the application of the petitioner for compassionate appointment is relevant and as the said policy provides that if any other member of the family is already in government service, then the other member of the family will not be eligible for compassionate appointment," the High Court held.
Case Title : State of Chhattisgarh & Ors. v Sweta Singh
Citation: 2022 LiveLaw (Chh) 70