21 November 2022


Judgments

Supreme Court

Fertilizers and Chemicals Travancore Ltd. & Ors. Vs Anusree K.B.

MANU/SC/1273/2022

30.09.2022

Service

Compassionate ground is a concession and not a right

The original Appellants have preferred the present appeal dissatisfied with the impugned judgment passed by the High Court by which the High Court has confirmed the judgment and order passed by the learned Single Judge directing the appellants to consider the case of the respondent herein for appointment on compassionate ground.

The compassionate ground is a concession and not a right. Compassionate appointment is an exception to the general rule of appointment in the public services and is in favour of the dependents of a deceased dying in harness and leaving his family in penury and without any means of livelihood, and in such cases, out of pure humanitarian consideration taking into consideration the fact that unless some source of livelihood is provided, the family would not be able to make both ends meet, a provision is made in the rules to provide gainful employment to one of the dependants of the deceased who may be eligible for such employment. The whole object of granting compassionate employment is, thus, to enable the family to tide over the sudden crisis. The object is not to give such family a post much less a post held by the deceased.

The Respondent shall not be entitled to the appointment on compassionate ground on the death of her father, who died in the year 1995. After a period of 24 years from the death of the deceased employee, the Respondent shall not be entitled to the appointment on compassionate ground. If such an appointment is made now and/or after a period of 14/24 years, the same shall be against the object and purpose for which the appointment on compassionate ground is provided.

Both, the learned Single Judge as well as the Division Bench of the High Court have committed a serious error in directing the appellants to reconsider the case of the respondent for appointment on compassionate ground. The judgment and order passed by the learned Single Judge as well as the Division Bench of the High Court are quashed and set aside. Appeal allowed.

Tags : Appointment Direction Legality

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