Compassionate Appointment V

Posted on by Rudrajyoti Nath Ray

The issue is covered by Union of India v. V.R. Tripathi, (2019) 14 SCC 646.

Court held, scheme and rules of compassionate appointment cannot violate mandate of Article 14; once Section 16 of Hindu Marriage Act regards a child, born from a marriage entered into while earlier marriage is subsisting, to be legitimate, it would violate Article 14 if policy or rule excludes such a child from seeking benefit of compassionate appointment.

Compassionate appointments are a well-recognized exception to general rule, if they are carved out in interest of justice to meet public policy considerations. A policy for compassionate appointment must be consistent with mandate of Articles 14 and 16. A policy for compassionate appointment, which has force of law, must not discriminate on any grounds mentioned in Article 16(2).

– Hon’ble Justice Pamidighantam Sri Narasimha, Mukesh Kumar v. Union of India, [Special Leave Petition (Civil) No. 18571 of 2018].

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