Beruflich Dokumente
Kultur Dokumente
908/2015
Page 1 of 15
AFR
for
consideration
for
appointment
on
W.P.(S)No.908/2015
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following factual matrix: 3. The petitioner's father while working as Dusting Operator
(Group-D service) in Food Corporation of India (for short
'the FCI'), died in harness on 30-6-2008 leading to making
an application by the present petitioner being son for
appointment on compassionate ground stating inter alia
that on account of death of his father, financial position of
the family is in distress and, therefore, the petitioner be
given appointment on compassionate basis so as to relieve
his family from financial hardship.
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It has further
W.P.(S)No.908/2015
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would
submit
that
the
Scheme
for
Compassionate Appointment Annexure P-1 dated 16-12013 clearly includes son as a dependent family member
to whom the scheme is applicable and the scheme does
not any where provides that married son is not a
dependent family member, it is only by way of answering
the frequently asked questions, the Department has
answered the query raised by the concerned and it has
been replied which is not part and parcel of the Scheme for
Compassionate
Appointment
issued
on
16-1-2013.
W.P.(S)No.908/2015
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questions
dated
30-5-2013
issued
by
the
servant
cannot
be
considered
to
be
W.P.(S)No.908/2015
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dismissed.
9. I have heard learned counsel for the parties, considered
their rival submissions made therein and also gone through
the record with utmost circumspection.
10.It is not in dispute that the petitioner's father died in
harness on 30-6-2008, but his case for compassionate
appointment could not be considered and remained
pending.
TO WHOM APPLICABLE
To a dependent family member (A) of a Government servant who (a) dies while in service (including
death by suicide); or
(b) is retired on medical grounds
under Rule 2 of the CCS (Medical
Examination) Rules 1957 or the
corresponding provision in the Central
Civil Service Regulations before
attaining the age of 55 years (57
years for erstwhile Group 'D'
Government servants); or
(c) is retired on medical grounds
under Rule 38 of the CSS (Pension)
Rules, 1972 or the corresponding
W.P.(S)No.908/2015
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(including
adopted
ELIGIBILITY
(a) The family is indigent and deserves
immediate assistance for relief from
financial destitution; and
(b)
Applicant
for
compassionate
appointment should be eligible and
suitable for the post in all respects under
the
provisions
of
the
relevant
Recruitment Rules.
W.P.(S)No.908/2015
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its answer are as under: Whether 'married son' can be No. A married son is not
considered for compassionate considered dependent on
appointment?
a government servant.
13. The above-stated instructions issued by the Central
Government, which have been accepted and adopted by
the FCI, clearly provide that dependent family member
includes son including adopted son.
14. At this stage, the submission of Mr. Gupta that office
memorandum dated 16-1-2013 accepted by the FCI vide
its circular dated 26-3-2013 will not be applicable to the
case of the petitioner and only the FCI has decided on the
basis of frequently asked questions on compassionate
appointment issued on 30-5-2013 subsequent to the
petitioner's application, deserves non-acceptance.
15. Annexure
P-1
dated
16-1-2013
is
Consolidated
W.P.(S)No.908/2015
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of
India on
he
is
not
entitled
for
compassionate
appointment.
17. Clause 14 of the Scheme for Compassionate Appointment
issued by the Central Government clearly provides that the
person getting compassionate appointment has to maintain
himself including other family members of the deceased
Government servant who were dependent upon the
deceased Government servant.
18. Now, the question would be whether exclusion of the
petitioner, son of the deceased FCI servant, on the ground
that he is married son is a permissible classification.
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It has to be mental,
(See Mr. X v.
Hospital Z1.)
21. In the matter of Indra Sarma v. V.K.V. Sarma 2 Their
W.P.(S)No.908/2015
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significance
to
the
individuals
concerned. But such relationships have
more than personal significance at least
in part because human beings are social
beings whose humanity is expressed
through their relationships with others.
Entering into marriage therefore is to
enter into a relationship that has public
significance as well. The institutions of
marriage and the family are important
social institutions that provide for the
security, support and companionship of
members of our society and bear an
important role in the rearing of children.
The celebration of a marriage gives rise
to moral and legal obligations,
particularly the reciprocal duty of support
placed upon spouses and their joint
responsibility for supporting and raising
children born of the marriage. These
legal obligations perform an important
social function.
This importance is
symbolically acknowledged in part by the
fact that marriage is celebrated generally
in a public ceremony, often before family
and close friends....
22.
the
bereaved
member
of
the
deceased
Therefore,
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on
the
ground
impermissible in law.
benefit
of
of
marriage
is
absolutely
compassionate
appointment
should
be
In a given
W.P.(S)No.908/2015
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