TMI Blog2012 (5) TMI 810X X X X Extracts X X X X X X X X Extracts X X X X ..... the office of the Accountant General, Allahabad died on 19.3.2001 in harness, leaving behind two sons aged about 20 and 19 years and a daughter, aged about 17 years and Smt. Rashmi Gautam, his widow. 3. Respondent No. 1 filed an application for appointment on compassionate grounds, which came to be rejected by the Appellants on 28.1.2004 in view of the prevailing scheme for appointments on compassionate grounds. Under the scheme, vacancies could be filled up on compassionate grounds only upto 5% of the cadre strength falling under direct recruitment quota during a year in Group 'C ' and 'D ' posts. The scheme further lays down that the total income of the family from all sources including terminal benefits after death ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing for the Appellants has submitted that the Appellants had to consider the applications for employment on compassionate grounds only within the parameters and terms and conditions incorporated in the scheme laid down for that purpose. The scheme makes a person ineligible for the post in Group 'C', in case, on the death of the incumbent on the post, the family gets retiral benefits/terminal benefits exceeding ₹ 3 lakhs. 9. There can be no quarrel to the 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. H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . and other amounts paid on account of terminal benefits under the Rules. .... Therefore, compassionate appointment cannot be refused on the ground that any member of the family received the amount admissible under the Rules. 11. This Court in Punjab National Bank and Ors. v. Ashwini Kumar Taneja (2004) 7 SCC 265, placing reliance upon the earlier judgment in General Manager (D PB) and Ors. v. Kunti Tiwari and Anr. (2004) 7 SCC 271, held that compassionate appointment has to be made in accordance with the Rules, Regulations or administrative instructions taking into consideration the financial condition of the family of the deceased. Whereas the scheme provides that in case the family of the deceased gets the retrial/ terminal benefits e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion works out to a figure less than the parameters given below such cases can be considered for compassionate appointment subject to fulfilment of all other conditions. The limits are given below: Group 'B' Rs. Five lakhs Group 'C' Rs. Three lakhs Group 'D' Rs. Two lakhs. .... 14. The case of the Respondent was rejected by the Appellants in view of the fact that the family of the deceased Anand Kishore Gautam had been given the following terminal benefit excluding the G.P.F. 1. DCRG ₹ 2,48,248.00 2. Leave Encashment ͅ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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