Excelsior Correspondent
JAMMU, Oct 3: Judicial Member of Central Administrative Tribunal (CAT) Srinagar Bench DS Mahra today held that the claim for appointment on compassionate ground is not a hereditary right or it cannot be claimed on the basis of a succession as the compassionate appointment is provided purely on humanitarian ground.
The Bench was dealing with a petition filed by Sana Shafi whose father Mohd Shafi Dar, a Junior Engineer in the Public Works Department, Kashmir, died in harness on 18.02.2011, during his active service. After the death of the father, the petitioner applied for appointment on compassionate ground under SRO 43 of 1994. The respondents considered the claim of the petitioner and offered an Orderly (Class IV) post in the Public Works Department, R&B Division, Kashmir. The petitioner joined the post on 26.03.2018.
The petitioner vide letter dated 20.04.2018 requested the respondents to re-examine and reconsider her claim for appointment on compassionate ground on a higher post since she has already passed 12th class. When the respondents did not give any response to her request, the petitioner filed a writ petition bearing SWP No. 2438 of 2018 before the High Court of Jammu and Kashmir for reconsidering her request which was subsequently transferred to CAT.
After hearing both the sides, CAT observed, “it clear that the claim for appointment on compassionate ground is not a hereditary right or it cannot be claimed on the basis of a succession. The compassionate appointment is provided purely on humanitarian ground and cannot be claimed as a matter of right”.
With these observations, CAT dismissed the petition.
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