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															...appointment as a member of the family of a deceased employee of the government who has died in harness in relaxation of the normal rules for recruitment, is it not necessary that even a compassionate appointee be p...case of a compassionate appointment;2. Since an appointment on compassionate grounds on probation is also a regular appointment and a person appointed as such is not offered a tempo...a person in this category on probation in the first instance;3. In view of the clear distinction in service jurisprudence between a regular and a temporary appointee, whether the ...
														
															.... The provisions with respect to compassionate appointment were made by Ministry of Personnel, Public Grievances and Pensions (Department of Personnel & Training)'s Office Memorandum No. 14014/6/86-Estt. (D) dated 30.06.1987. One La..., condition of probation stated in appointment letter was illegal and of no consequence. Petitioner's appointment on compassionate basis was liable to be treated as permanent in nature, hence term...:“1. Where a person is granted compassionate appointment as a member of the family of a deceased employee of the government who has died in harness in relaxation of the normal rules for recruitment,...
														
															.... Where a person is granted compassionate appointment as a member of the family of a deceased employee of the government who has died in harness in relaxation of the normal rules for recruitment, is it not...violation of law or principle in appointing a person in this category on probation in the first instance;3. In view of the clear distinction in service jurisprudence between a regula...21 March 2012.3. The services of the second respondent, who was offered compassionate appointment, were put to an end on the ground that his work and performance during the period of probation were not satisfa...
														
															...that the husband of the petitioner was not the regular employee as his probation was not declared.   3. The scheme of compassionate appointment is extended only in respect of permanent employees....The order of rejection, dated 11.04.2017 in respect of the application filed by the petitioner for appointment on compassionate ground, is under challenge in the present writ petition...under the scheme of compassionate appointment.   4. This Court do not find any infirmity as such in respect of the reasons as being a compassionate appointment consession is to be...
														
															.... Following three questions were referred to the Full Bench :
 "1. Where a person is granted compassionate appointment as a member of the family of a deceased employee of the government ...compassionate appointment;
 2. Since an appointment  on  compassionate  grounds  on probation  is  als...person in this category on probation in the first instance;
 3. In view of the clear  distinction  in  service  jurisprudence...
														
															...Government. The provisions with respect to compassionate appointment were made by Ministry of Personnel, Public Grievances and Pensions (Department of Personnel & Training)'s Office Memorandum No. 14014/6/86-Estt. (D) dated 30.06.19..., condition of probation stated in appointment letter was illegal and of no consequence. Petitioner's appointment on compassionate basis was liable to be treated as permanent in nature, hence term...granted compassionate appointment as a member of the family of a deceased employee of the government who has died in harness in relaxation of the normal rules for recruitment, is it not necessary that even a ...
														
															...the appellate order dated 21.3.2012 Under the orders impugned before the Tribunal, the services of Amit Verma, who was offered compassionate appointment, had been put to an end after recording that his work and performance during th...appointment made on compassionate ground is permanent in nature, can his service be terminated treating it to be on probation in terms of the appointment letter. For deciding this question, anothe...Circular relied upon by the respondents' meant for appointment on compassionate grounds, there is no provision for appointment on probation/temporary basis and in absence of any such provision under...
														
															...compassionate appointment as a member of the family of a deceased employee of the government who has died in harness in relaxation of the normal rules for recruitment, is it not necessary that even a ...exempted in the case of a compassionate appointment;   2. Since an appointment on compassionate grounds on probation is also a regular appointment and a person appointed ...a person in this category on probation in the first instance;   3. In view of the clear distinction in service jurisprudence between a regular and a temporary appointee, whether the ...
														
															...Administrative Tribunal, 2016 (2) ADJ 751. Following three questions were referred to the Full Bench:“1. Where a person is granted compassionate appointment as a member of the family of a deceased employee of ...first instance, in the same manner as any other direct recruit, since the provision pertaining to appointment on probation has not been excluded or exempted in the case of a compassionate ...person in this category on probation in the first instance;3. In view of the clear distinction in service jurisprudence between a regular and a temporary appointee, whether the ...
														
															...for few days in few spells.The Tribunal, without deciding the question as to whether appointment on compassionate basis can be made on probation or on temporary basis, has proceeded to...terminated treating it to be on probation in terms of the appointment letter. For deciding this question, another question would arise whether the respondents were justified in appointing the petitioner on ...relevant Circular governing the appointment on compassionate grounds, for making appointment on probation basis, the respondent's putting a rider on probation basis in appointment letter ...
														
															...Mohinder Pal, J.:— The petitioner in this case was given compassionate appointment in the year 2003. He was put on probation for one year which he completed in the year 2004. On...compassionate appointment and he has completed the probation period, the petitioner was required to be paid minimum of pay-scale after 2004. There was no reason to terminate the service of the petitioner in the...the present petition.2. During the pendency of this petition, an interim order has been passed in the year 2010. After passing of the interim order, the respondents have started...
														
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 11. Admittedly, the writ petitioner was appointed under the Compassionate Appointment Policy dated 29.09.2014, in which there is no such provision for appointment on ...three years. Compassionate appointment is liable to be given only on one condition that the sole earning Government employee had died and one dependent is fulfilling the essential qualification. In an appointment t...1961') provides for probation for a period of three years which is mandatory condition for appointment even on compassionate basis.
 APPRECIATION & CONCLUSION...
														
															...Probation of Offenders Act in a criminal case, the respondents cannot deny appointment to the petitioner on compassionate ground, t...Heard learned counsel for the parties.In this writ petition, petitioner is claiming appointment on compassionate ground because father of petitioner late Shri Radhey Shyam...compassionate ground but the application of the petitioner to provide appointment on compassionate ground was rejected vide communication dated 24.04.2012 (Annex.3) on the ground that in the criminal...
														
															...compassionate grounds is permanent in character and that the prescription of probation cannot be attached to such an appointment.
 Insofar as the issue of a compassionate ap..., Sanjai Kumar and Ram Chandra in support of the proposition that a compassionate appointment cannot be made on probation. Neither of the three...earlier decisions of the Division Benches justify the finding or inference that a compassionate appointment cannot be made on probation since, as a matter of...
														
															...of the aforesaid order (Annexure P/9) is as under:-
 "11. Admittedly, the writ petitioner was appointed under the Compassionate Appointment Policy dated 29.09.2014, in which there is no such p...three years. Compassionate appointment is liable to be given only on one condition that the sole earning Government employee had died and one dependent is fulfilling the essential qualification. In an appointment t...the post in question, but in case of compassionate appointment sole criteria for grant of appointment is "compassion" to the dependents of the deceased Government employee. Therefore, in said poli...
														
															...different and the following three questions were referred.   "1. Where a person is granted compassionate appointment as a member of the family of a deceased employee of the Government who has died in h...any other direct recruit, since the provision pertaining to appointment on probation has not been excluded or exempted in the case of a compassionate appointment;   2. Since an ...person in this category on probation in the first instance;   3. In view of the clear distinction in service jurisprudence between a regular and a temporary appointee, whether the ...
														
															...person is granted compassionate appointment as a member of the family of a deceased employee of the Government who has died in harness in relaxation of the normal rules for recruitment, is it not necessary that eve...been excluded or exempted in the case of a compassionate appointment;2. Since an appointment on compassionate grounds on probation is also a regular appointment and a per...a person in this category on probation in the first instance;3. In view of the clear distinction in service jurisprudence between a regular and a temporary appointee, whether the ...
														
															...departmental circular no. 438 dated 2.4.1955 will apply for compassionate appointment or not.
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 7. In the case of Jagdish Narain (supra) cite...be terminated 12 treating it to be on probation in terms of the appointment letter. For deciding this question, another question would arise whether the respondents were justified in appointing the petitioner on ...appointment on compassionate grounds, there is no provision for appointment on probation/temporary basis and in absence of any such provision under the relevant circular/rule under which petitioner's...
														
															...has taken note of the alleged furnishing false information at the time of obtaining compassionate appointment.
 04. Learned counsel for the appellant vehemently contended that petitioner was appointe..., 1968 is attracted. Therefore, the cited decision is distinguished having regard to the facts of the case. Moreover if Respondents noticed the alleged irregularities in the compassionate appointment before completion of ...Department of Samastipur Division of East Central Railway. The husband of the petitioner died on 09.11.2001. Petitioner filed the application for compassionate appointment and she was appointed on...
														
															...by which the appeal filed by the petitioner against the order of dismissal has also been dismissed.3. Petitioner claims that he was appointed on compassionate appointment and was under probation in t...Basic Training Camp at Bokaro. He was served with the charges contained in Annexure 1 for his alleged unauthorized absence for 43 days and again for 48 days on different dates....4. Learned counsel appearing for the petitioner has submitted that petitioner had gone for treatment of his mother and since he was appointed on compassionate ground, it was his bounden duty to...