Compassionate appointment
Excelsior Correspondent
JAMMU, Apr 7: A Bench of Central Administrative Tribunal (CAT) comprising Rajinder Singh Dogra Member (J) and Raj Mohan Johri Member (A) has held that the exclusion of married sons and daughters from compassionate appointment solely on the basis of marital status is discriminatory and violative of Article 14 of the Constitution.
The CAT further observed that compassionate appointments are granted to mitigate financial hardship, not to enforce social or personal choices. The respondents have failed to demonstrate how the marital status of a dependent alters the financial distress faced by the family of a deceased employee, the CAT added.
“Consequently, the classification in SRO 120 of 2018 fails the test of reasonableness. The rejection of the applicant’s claim solely based on SRO 120 of 2018 is unsustainable. The element of compassion has been duly certified by the Deputy Commissioner, Jammu, establishing the existence of financial hardship in the applicant’s family. The respondents’ reliance on the applicant’s marital status to deny his rightful claim is unjustified and also the applicability of notification SRO 120/2018 dated 5th March, 2018 retrospectively in the case of applicant is not justified”, the CAT further said.
While allowing the petition, the CAT quashed the impugned Letter/Order No. Esstt/2023/500-01 dated 26.05.2023 with the direction to the respondents to appoint the applicant on compassionate grounds strictly in accordance with the provisions of SRO 43 of 1994 without reference to SRO 120 of 2018.
The judgment has been passed in a petition filed by Sourav Mattoo challenging SRO 120 of 2018 issued by the General Administration Department, whereby married son or married daughter of a deceased employee has been debarred from claiming compassionate appointment under the Jammu & Kashmir Compassionate Appointment Rules, 1994.
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