Recruitment rules can't defeat objectiveof compassionate appointment: HC
PRAYAGRAJ, Jan. 22 -- The Allahabad high court has held that compassionate appointment is an exception to the general process of recruitment and that undue reliance cannot be placed on the recruitment rules to defeat its objective.
A division bench of Justice Saumitra Dayal Singh and Justice Indrajeet Shukla directed the Banaras Hindu University (BHU) to reconsider the claim of a candidate seeking compassionate appointment afresh within one month, in accordance with law.
The court also directed the university to consider the candidate's claim without applying the age limit prescribed under the recruitment rules, and instead exercise the discretionary power of age relaxation.
The case arose from the rejection of the respondent's application for compassionate appointment following the death of her sister, who was employed with BHU.
Aggrieved, the respondent approached the high court challenging the rejection of her application. A single-judge bench allowed the plea and directed the university to reconsider petitioner's application without treating it time-barred and without applying the recruitment rules. Challenging this order, BHU filed an intra-court appeal.
The university argued that the compassionate appointment rules applicable to BHU incorporate the recruitment rules, which prescribe an age limit of 18 to 33 years, including a three-year relaxation for OBC candidates. It was contended that the petitioner was 37 years old at the time of her sister's death and was, therefore, beyond the maximum permissible age even after relaxation.
In its order dated January 16, the court said, "...the Compassionate Rules and such provisions wherever they exist, aim to address the sudden financial hardships that arise owing to the loss of sole breadwinner of a family. Therefore, to us, no undue reliance may be placed on the provisions of Recruitment Rules to defeat the object of the Compassionate Rules."...
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