Anwar Farooqi vs Union of India

T.S. Doabia, J.—Petitioner is seeking compassionate appointment. His father died while performing duty in connection with affairs of Union

of India. Compassionate appointment is being sought in terms of instructions issued by Ministry of Home Affairs, Department of Personnel Public

Grievance Person (department of personal training) O.M. No. 14014pb/B6/Est dated 30.6.87. Relevant instructions are quoted as under :

As per the instructions compassionate recruitment of son/daughter/near relative of the deceased Govt. employee who died in harness including

death by suicide, leaving behind his family in immediate need of assistance when there is no other earning member of the family can be made.

Appointment is being denied on the ground that the petitioner's brother is already holding Government post.

It be seen that brother in question was in service before petitioner's father died. If this be the situation then question which was required to be

gone into is as to whether the financial condition of the family was such which required to be mitigated. Without taking note of this fact,

respondentauthorities have declined the prayer of the petitioner. This is not correct approach. As a matter of fact while dealing with Rules of

compassionate appointment in the State of Jammu and Kashmir in case of Vijay Kumar v. State of J&K, 1999(2) S.C.T. 34, SWP No. 488 of

1998 decided on 29th June, 1998 , it was held that the basic idea of giving compassionate appointment is to mitigate the financial crisis of the

family of the deceased. The above decision was no doubt with regard to rules, prevailing in the State of J&K, but the basic idea is that it is the

financial position of the family which is required to be taken note of. This is to be given paramount consideration. This has not happened in this

case. In Susheela B. Bhakta v. Karnataka State Road Transport Corporation, 1995(3) SCT 382, Karnatka it was held that it is the duty of the

authorities to hold an appropriate enquiry as to whether the family comprised of the dependants of deceased has any income to sustain. If it is

found that the bereaved family is not in a position to tide over the crisis, then compassionate appointment should be given. Merely because

separated son of the deceased has already been in employment, is no ground to deny the relief to the remaining family in distress.

Under these circumstances, petition is allowed. Respondent Union of India would reconsider their decision and take appropriate action.