Court Allows Compassionate Appointment to Sister in Exceptional Case

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June 15, 2018

Case name: Rekha Nanakchand v. Union of India

Date of Judgment: June 12, 2018

In this recent case, the High Court of Gujarat while considering the exceptions facts and circumstances in the case awarded compassionate appointment to the sister of employee.

The facts in the present case pertain to Kuldip Yadav who has been languishing in jail in Pakistan and is undergoing sentence pursuant to punishment imposed by the Court Martial and is a convict prisoner lodged at Lahore. Kuldip Yadav was recruited by BSF for RAW military intelligence in the year 1991 at Ahmedabad.

The Petitioner, Kuldeep Yadav’s sister in the case has submitted that in spite of several efforts her brother has not been released and in the case has prayed for direction to the Respondents for appointing her on compassionate grounds. The respondents have refused her compassionate appointment on the ground that as per the consolidated instructions, compassionate appointment is required to be made only in the event of Government servant dying in harness or who has retired on medical grounds leaving the family without pecuniary support.

The Division Bench of Gujarat High Court in the case while considering the case to be an exceptional one allowed compassionate appointment to the Petition. The observations made by the Court were:

That in the facts and circumstances of the case and more particularly, when the brother of the petitioner Shri Kuldip Yadav is a prisoner of the Pakistani authorities and is undergoing sentence in Lahore, Pakistan, for spying, the case is required be treated as an absolutely exceptional one and the sister of the petitioner is required to be given appointment on compassionate grounds looking to her educational qualifications. Any technicalities shall not come in the way of the family members of such detenue in getting at least such relief. Such case can be considered to be absolutely exceptional one.

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