"COMPASSIONATE APPOINTMENT: CRITICAL ANALYSIS"

Authors

Chemmalar S (Assistant Professor), SRM School of Law, SRM Institute of Science and Technology.

Abstract

This article is an attempt to give the bird’s eye view of the concept of compassionate appointments. This paper discusses in detail the major existing law and practice pertaining to compassionate appointments. At present compassionate appointments are regulated by rules made by the concerned government departments based upon the scheme for compassionate appointment under Central Government which was consolidated and issued vide DOPT O.M.No.F.No. 14014/02/2012. Estt. (d) Dated 16/01/2013. As there is no specific law for this area, the confusion often arises with such appointments and the claimants seek the decision of the court when the employments are denied. In such cases the law relating to such appointments has evolved through judicial decisions. This is evident from the cases decided by the courts that the present practice of providing compassionate appointments fails to comply with the contemporary issues relating to such appointments. This paper attempts to examine the issue involved in lack of proper law that is applicable uniformly to both central and state governments. Also this paper examines the scope of courts and tribunals involvement to give effect to compassionate appointments.