Friday 6 September 2013

Courts and Tribunals should not fall prey to any sympathy syndrome, so as to issue directions for compassionate appointments,

Courts and Tribunals should not fall prey to any sympathy syndrome, so as to issue directions for compassionate appointments, without reference to the prescribed norms. Courts are not supposed to carry Santa Clauss big bag on Christmas eve, to disburse the gift of compassionate appointment, to all those who seek a courts intervention. Courts and Tribunals must understand, that every such act of sympathy, compassion and discretion, wherein directions are issued for appointment on compassionate ground, could deprive a really needy family requiring financial support, and thereby, push into penury a truly indigent destitute and impoverish family. Discretion is therefore ruled out. So are, misplaced sympathy and compassion.

Gujarat High Court
Deputy Executive Engineer vs Sukhdevsinh Narsangbhai on 25 February, 2013
Bench: Ks Jhaveri

The
issue involved in this petition is squarely covered by a decision of the Apex Court in the case of The Chief Commissioner, Central Excise and Customs, Lucknow and Others vs. Prabhat Singh reported in 2013(1) SCALE 506, para 16 of which reads as under:
16.
Courts and Tribunals should not fall prey to any sympathy syndrome, so as to issue directions for compassionate appointments, without reference to the prescribed norms. Courts are not supposed to carry Santa Clauss big bag on Christmas eve, to disburse the gift of compassionate appointment, to all those who seek a courts intervention. Courts and Tribunals must understand, that every such act of sympathy, compassion and discretion, wherein directions are issued for appointment on compassionate ground, could deprive a really needy family requiring financial support, and thereby, push into penury a truly indigent destitute and impoverish family. Discretion is therefore ruled out. So are, misplaced sympathy and compassion.
However,
Ms. Shah requests for time. Matter is adjourned to 04.03.2013. (K.S.JHAVERI, J.) divya
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