The record
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- The Karnataka High Court ruled that compassionate appointments are final and do not allow for subsequent promotions based on higher education.
- Two individuals who had been hired as second division assistants were denied upgrades to first division assistant roles.
- Judges noted that the compassionate appointment scheme is not a mechanism for perpetual career advancement.
- The court warned that granting such upgrades would violate administrative rules and could trigger legal challenges over unequal treatment.
What to watch next
- Review of existing government appointments made on compassionate grounds.
- Potential challenges to similar cases in other state departments.
Who said what3
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M. Nagaprasanna
3 quotes · 1 outlet
“would not merely disturb administrative discipline, but may also generate legitimate grievances of unequal treatment under Article 14 of the Constitution of India”
In the article
…the posts to which they were initially appointed. The court said that picking and choosing individuals appointed under the compassionate scheme for higher posts — contrary to the scheme of compassionate appointment — “ would not merely disturb administrative discipline, but may also generate legitimate grievances of unequal treatment under Article 14 of the Constitution of India ”. A Division Bench comprising Justice M. Nagaprasanna and Justice Hema Kulkarni made these observations while allowing petitions filed by the State government, which had challenged the Karnataka State Administrative…
“Compassionate appointment is not a reservoir from which benefits can be drawn in perpetuity. There is, in law, no concept of endless compassion,”
In the article
…in consonance with the governing scheme, the court said that possessing a higher qualification may confer eligibility but does not create an entitlement to a particular post under a compassionate appointment scheme. “ Compassionate appointment is not a reservoir from which benefits can be drawn in perpetuity. There is, in law, no concept of endless compassion, ” the court observed. On claim of the two compassionate appointees that some other persons were given higher posts, the Court said that “Article 14 embodies positive equality; it does not perpetuate illegality through…
Coverage1
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Named India · Sandeepkumar Vinayakarao Kulkarni · Sathish V. Gulla · Hema Kulkarni · Karnataka · Karnataka High Court · Karnataka State Administrative Tribunal · M. Nagaprasanna
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