Case Note & Summary
The case involved a dispute regarding the compassionate appointment of the respondent, whose father, a Security Guard, died while in service. The respondent applied for a compassionate appointment on 3.3.1999, but the request was denied due to the exhaustion of the 5 percent ceiling on such appointments. The respondent approached the Central Administrative Tribunal, which directed the government to consider relaxing the ceiling. The government’s review application was dismissed, leading to a writ petition in the Delhi High Court, which also dismissed the appeal. The Supreme Court examined the compassionate appointment scheme, emphasizing that such appointments are intended to assist families of deceased employees in financial distress. The Court noted that the scheme imposes a ceiling on appointments, which was established to maintain fairness in the recruitment process. The Court referenced a previous decision that affirmed the inability of courts to direct appointments outside the established scheme. It concluded that the Tribunal and High Court erred in compelling the government to relax the ceiling, as such decisions are purely administrative and discretionary. The appeal was allowed, and the orders of the lower courts were set aside, with no costs awarded.
Headnote
A) Administrative Law - Compassionate Appointment - Judicial Review - Ceiling on Appointments - Compassionate appointments are limited to a specified percentage of vacancies, and courts cannot compel relaxation of this ceiling. - The Supreme Court held that the compassionate appointment scheme is governed by specific rules, and deviations from these rules cannot be mandated by courts merely based on sympathetic considerations. (Paras 6-8).
Issue of Consideration
Whether the courts can compel the government to relax the ceiling on compassionate appointments under the existing scheme.
Final Decision
The Supreme Court allowed the appeal, set aside the orders of the High Court and Tribunal, and ruled that the government is not compelled to relax the ceiling on compassionate appointments.
Law Points
- Compassionate appointment
- Ceiling on appointments
- Judicial review of administrative discretion
- Policy adherence
