Case Note & Summary
The case involved an appeal by Kendriya Vidyalaya Sangathan against a decision by the Rajasthan High Court that upheld a Central Administrative Tribunal order directing the Sangathan to consider a compassionate appointment for the respondent, whose father had died while employed with the Sangathan. The respondent applied for a compassionate appointment after his father's death on 17.9.1999, but the application was rejected. The Tribunal initially directed that the respondent's application be considered against available Group D vacancies, which was subsequently upheld by the High Court. The appellants argued that a policy decision had been made to not fill Group D posts directly and that the 5% reservation for compassionate appointments did not apply to them. The Supreme Court found that the Tribunal and High Court did not adequately consider this policy decision, which was crucial to the case. The Court emphasized that if the Kendriya Vidyalaya Sangathan decided to adopt a compassionate appointment scheme in the future, the respondent's case would be considered, but it did not express any opinion on the respondent's eligibility. The appeal was allowed, and the High Court's order was set aside without costs.
Headnote
A) Administrative Law - Compassionate Appointment - Policy Decision - Central Administrative Tribunal's authority - The Tribunal and High Court failed to consider the policy decision prohibiting Group D appointments, leading to an erroneous direction for compassionate appointment. The Supreme Court held that the policy decision must be respected and no contrary directions could be issued (Paras 6-7).
Issue of Consideration
Whether the Central Administrative Tribunal and the High Court erred in directing the Kendriya Vidyalaya Sangathan to consider the respondent's application for compassionate appointment despite a policy decision against such appointments.
Final Decision
The Supreme Court set aside the High Court's order and allowed the appeal, affirming the policy decision against compassionate appointments for Group D posts, with no order as to costs.
Law Points
- Compassionate appointment
- Policy decision
- Employment regulations
- Central Administrative Tribunal
- Group D vacancies
