SC: Merit only criterion for employment

In an answer to whether appointment on compassionate grounds be claimed as a matter of right the Supreme Court said merit should be the normal rule in the matter of employment in government offices and that departure from this should happen only in 8216;8216;compelling circumstances8217;8217;.

8216;8216;On the basis of competitive merits, an appointment should be made to public office. This general rule should not be departed except where compelling circumstances demand, such as, death of sole bread-earner and likelihood of the family suffering because of the setback. Once it is proved that in spite of the death of a bread-earner, the family survived and substantial period is over, there is no necessity to say goodbye to the normal rule of appointment and to show favour to one at the cost of interests of several others ignoring the mandate of Article 14 of the Constitution,8217;8217; a Bench of Justice Arijit Pasayat and Justice C K Thakker said.

The court was hearing a petition filed by the state of Jammu and Kashmir challenging a J 038; K High Court order which allowed a plea by one Sajad Ahmed Mir who had sought appointment on compassionate grounds to a vacancy created due to the death of his father.

Mir8217;s father was a lineman in the state Power Development Department and died in March 1987 while he was still in service. In September 1991, Mir applied on compassionate grounds for the vacancy.