Comassionate appointment, not a right

'Compassionate appointments not a matter of right'

: Appointments in government offices on compassionate grounds cannot be claimed as a right and they are permissible only in genuine cases as per rules, else it would violate the Constitution, the Supreme Court has ruled.

"Appointment on compassionate grounds cannot be claimed as a matter of right. As a rule, public service appointments should be made strictly on the basis of open invitation of applications and merit.

"The appointment on compassionate ground is not another source of recruitment but merely an exception to the aforesaid requirement taking into consideration the fact of the death of the employee while in service leaving his family without any means of livelihood," the apex court said.

A bench of justices B S Chauhan and Dipak Misra gave the ruling while upholding the Union government's appeal against an Allahabad High Court order to appoint Shashank Goswami on compassionate grounds

The apex court said it is a settled legal proposition that the claim for appointment on compassionate ground is based on the premises that the applicant was dependent on the deceased employee.

"Strictly, such a claim cannot be upheld on the touchstone of Article 14 or 16 of the Constitution of India.

"However, such claim is considered as reasonable and permissible on the basis of sudden crisis occurring in the family of such employee who has served the State and dies while in service

"In such cases the object is to enable the family to get over sudden financial crisis and not to confer a status on the family," said Justice Chauhan writing the judgement for the bench.

Article 14 guarantees equality before law, while 16 refers to the equality of opportunity in matters of public employment.

DO YOU KNOW THE USEFUL WEBSITE OF ACCOUNTANT GENERAL MUMABI / NAGPUR ?

The M.C.S. (pension) Rules 1982 are applicable to emplyees recruited in Government service prior to    1-11-2005.. Similarly they are applicable to 100% aided primary/ secondary/ higher secondary/ junior colleges, teachres training colleges, z.p.emplyees etc., The pension cases of these emplyees after their retirement  are required to be sent to Office of Accountant General Mumbai / Ngpur for final approval. Infact the final pension payment order is issued by the office of Accountantant general.

The Accountant General Mumbai and Nagpur have their website which enables the concerned person to know the status of the case which is sent to A.G.'s office for santion. The links of these website is provided  on this blog under heading ' Important Blogs and links". The conerned persond can visit these websites through the links provided on the blog which will enable them to know the status of any case ( After entering the required details) sent to A.G's office.

The emplyees may take advantage of these sites of Accountant General Mumbai / Nagpur.

Punishment not provided in service Rules cannot be imposed

      Punishment not provided in service Rules cannot be imposed

The supreme Court  in the recent  case of Vijay Singh v/s State of UP. and others decided on 13 th April 2012 considered  the  question as to whether the disciplinary authority can impose punishment not prescribed under statutory rules after holding disciplinary proceedings.

The appellant when posted as Sub-Inspector of Police at Police Station, Moth, District Jhansi in the year 2010, had arrested Sahab Singh Yadav for offence punishable under Section 60 of the U.P. Excise Act and after concluding the investigation, filed a chargesheet before the competent court against the said accused.

 During the pendency of the said case in court, a show cause notice was served upon him by the Senior Superintendent of Police, Jhansi dated 18.6.2010 to show cause as to why his integrity certificate for the year 2010 be not withheld, as a preliminary enquiry had been held wherein it had come on record that the appellant while conducting investigation of the said offence did not record the past criminal history of the accused.

 The appellant filed reply to the said show cause notice on 4.7.2010 pointing out that the said offence was bailable. The purpose of finding out the past criminal history of an accused is relevant in non-bailable cases as it may be a relevant issue for considering his bail application. More so, withholding the integrity could not be the punishment and as the criminal case was sub judice before the competent court against the said accused on the chargesheet submitted by him, no action could be taken against the appellant unless the court comes to the conclusion that investigation was defective.

The disciplinary authority, i.e. Senior Superintendent of Police without disclosing as under what circumstances not recording the past criminal history of the accused involved in the case had prejudiced the cause of the prosecution in a bailable offence and without taking into consideration the reply to the said show cause, found that the charge framed against the appellant stood proved, reply submitted by the appellant was held to be not satisfactory. Therefore, the integrity certificate for the year 2010 was directed to be withheld vide impugned order dated 8.7.2010

The Supreme Court held that the  integrity certificate  on the basis of disciplinary proceedings cannot be withheld since no such punishment is provided in the respective serivice Rules. The Court also observed as under :

The instant case is an eye opener as it reveals as to what extent the superior statutory authorities decide the fate of their subordinates in a casual and cavalier manner without application of mind and then expect them to maintain complete discipline merely being members of the disciplined forces.

Note: The entire judgemnt is available on this blog under the heading “Important Judgements”

Important G.Rs,. Circulars issued by Governemnt Of Maharashtra from 1st January 2012 to 30 th April 2012

Important G.Rs. and Circulars issued by various departments from 1st January to 30 th April 2012 are available on this blog under heading of "Recent G.Rs. and Circulars". those intersted can get them downloaded.