Administrators Often Lose Objectivity When Visited With Judicial Command: Allahabad HC On Rejection Of Compassionate Appointment Claim After Filing Of Writ
Live LawWhile dealing with a case of compassionate appointment, the Allahabad High Court has observed that “Administrators must not panic or retaliate when faced with a judicial command, asking them to perform their duties. High Court Verdict The Court, on 15.09.2023, had issued a show cause notice to the District Cane Officer, Sambhal demanding explanation as to why petitioner's claim for compassionate appointment had not been considered. Regarding the observation of the Committee that the family had survived 12 years without the appointment, Justice Munir observed “It is true that the family have not landed in an orphanage, but between the family becoming a causality of the civilization on account of the breadwinner's untimely death and a sufficiently prosperous or normal life is the twilight zone, where they could be seen struggling to make end's meet.” The Court observed that Anganwadi Karyakatri was not a government employment but a contractual one with an honorarium of Rs.3250/- - 6500/- per month. There is always adequate provision to consider the case of minors, while exercising the power to condone delay, in a deserving case by the Appointing Authority, where the delay is more than five years.” The Court held that the order rejecting the application for compassionate appointment was passed in a nonchalant manner, which could be due to the writ being issued against them.