5 December 2022


Judgments

Supreme Court

Ahmednagar Mahanagar Palika vs. Ahmednagar Mahanagar Palika Kamgar Union

MANU/SC/1099/2022

05.09.2022

Service

Appointment on compassionate grounds cannot be extended to the heirs of the employees on their superannuation or retirement

The Ahmednagar Mahanagar Palika has preferred the present appeals against impugned judgment of the High Court confirming the judgment and award passed by the Industrial Court, directing the Ahmednagar Mahanagar Palika to provide compassionate appointment to the eligible heirs in accordance with the provisions of award passed in Reference.

Compassionate appointment shall always be treated as an exception to the normal method of recruitment. The appointment on compassionate grounds is provided upon the death of an employee in harness without any kind of security whatsoever. The appointment on compassionate grounds is not automatic and shall be subject to the strict scrutiny of various parameters including the financial position of the family, the economic dependence of the family upon the deceased employee and the avocation of the other members of the family. No one can claim to have a vested right for appointment on compassionate grounds.

Therefore, appointment on compassionate grounds cannot be extended to the heirs of the employees on their superannuation and/or retirement. If such an appointment is permitted, in that case, outsiders shall never get an appointment and only the heirs of the employees on their superannuation and/or retirement shall get an appointment and those who are the outsiders shall never get an opportunity to get an appointment though they may be more meritorious and/or well educated and/or more qualified. Therefore, the submission on behalf of the Respondent that the appointment is not on compassionate grounds but the same is called as varas hakka cannot be accepted. Even if the same be called as varas hakka the same is not supported by any scheme and even the same also can be said to be violative of Article 14 as well as Article 15 of the Constitution of India, 1950.

Both the Judgment and award passed by the Industrial Court as well as the High Court in directing the Mahanagar Palika/ Municipal Corporation to give appointment to the heirs of the employees on their superannuation and/or retirement is unsustainable and the same deserves to be quashed and set aside.

Impugned common judgment and order passed by the High Court as well as the judgment(s) and award(s) passed in Complaint directing the Mahanagar Palika/Municipal Corporation to appoint the heirs of the employees on their retirement/superannuation in terms of judgment and award passed in Reference are quashed and set aside. Appeals allowed.

Tags : Appointment Heirs Superannuation

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