Compassionate appointment is an exception to the general rule of appointment which is a way of providing employment to the family of the deceased employee on compassionate grounds. The objective is only to provide solace and succour to the family in difficult times and, thus, its relevancy is at that stage of time when the employee passes away. The mere death of an employee in harness does not entitle his family to such source of livelihood. The authority concerned has to examine the financial condition of the family of the deceased, and it is only if it is satisfied that, but for the provision of employment, the family will not be able to meet the crisis that the job is offered to the eligible member of the family. It was further asseverated in the said judgment that compassionate employment cannot be granted after a lapse of reasonable period as the consideration of such employment is not a vested right which can be exercised at any time in the future. It was further held that the object of compassionate appointment is to enable the family to get over the financial crisis that it faces at the time of the death of sole breadwinner. Thus, compassionate appointment cannot be claimed or offered after a significant lapse of time and after the crisis is over.
Which of the following correctly states the intent behind the application of compassionate appointment?
Correct Answer :
The norms prevailing on the date of consideration of the application should be the basis for consideration of claim for compassionate appointment.
Solution :
Correct Answer: The norms prevailing on the date of consideration of the application should be the basis for consideration of claim for compassionate appointment.
Explanation and Analysis:
1. Understanding Compassionate Appointment:
As stated in the passage, compassionate appointment is an exception to the standard recruitment process. Its primary goal is to provide immediate financial relief and support ("solace and succour") to the family of a deceased employee who died while in service.
2. Temporal Relevance and Intent:
The passage emphasizes that compassionate appointment is not a vested right that can be claimed at any point in the future. The authority must examine the family's financial condition at the time of crisis to determine eligibility. Because the assessment and granting of the appointment depend on the evaluation conducted by the authorities when processing the claim, the evaluation relies on the rules and norms active at the time the application is being considered.
3. Evaluating the Options:
- The norms prevailing on the date of consideration of the application should be the basis for consideration of claim for compassionate appointment: This option accurately captures the underlying legal principle and intent that claims are assessed based on current norms during evaluation to resolve the immediate crisis effectively.
- Other options suggesting that norms at the time of death apply or that public authority norms are ignored contradict the structured nature of compassionate appointments described in legal precedents.
Thus, the correct choice is option 4: "The norms prevailing on the date of consideration of the application should be the basis for consideration of claim for compassionate appointment."
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