Abdul Sattar v. Central Coalfields Limited through Chariman-cum

CORAM: HON’BLE MR. JUSTICE ALOK SINGH For the Petitioner For the Respondents : M/s N.K.P. Sinha, Md. S. Ansari, Advocates : M/s Ananda Sen, Ranjan Kumar, Advocates ----- 06/09.10.2012 Petitioner, claiming himself to be the adopted son of Abdul Rajak Ansari-deceased, is seeking compassionate appointment. Compassionate appointment sought was declined, vide impugned order dated 24.08.2011 (Annexure- 7 to the writ petition), on the ground that there is no provision of adoption among the Muslims, therefore, petitioner is not legally adopted son of the deceased employee, consequently, cannot be treated as dependant of the deceased employee. I do not find any illegality or infirmity in the impugned order for the simple reason that compassionate appointment is not a right and is mere a concession as held by Hon'ble Apex Court in the Case of Steel Authority of India Limited Vs. Madhusudan Das & Ors., reported in (2008) 15 SCC 560. Compassionate appointment can be claimed strictly as per the Rules and Regulations and cannot be granted dehors the scheme as a matter of course by way of larges see, as held by the Apex Court in the case of Bhawani Prasad Sonkar Vs. Union of India & Ors., reported in (2011) 4 SCC 209. Consequently, the writ petition fails and is hereby dismissed. Manish (Alok Singh, J.)