MADURAI
Reiterating that government appointment on compassionate ground could not be claimed as a matter of legal right, the Madurai Bench of the Madras High Court on Tuesday directed the Chief Secretary to review the scheme of such appointments and issue instructions to all departments for its uniform implementation.
The court said it must be ensured that no one took undue advantage of the scheme and it was implemented without violation of Constitutional provisions.
Justice S.M. Subramaniam directed the Chief Secretary to incorporate a clause in the instructions/circular, clearly mentioning that in the event of any violation, disciplinary action would be taken against officials responsible.
Disposing of a petition filed by Bharani Shakthi of Madurai, seeking appointment on compassionate grounds, the court observed that the compassionate appointment scheme was a non-statutory scheme in the form of concession. It could not be claimed as a matter of right through a writ proceeding. A compassionate appointment was justified when it was granted to provide immediate succour.
Mere death of a government employee did not entitle the family to claim compassionate appointment. The competent authority had to examine the financial condition of the family of the deceased and only if it was satisfied that without the employment the family would not be able to meet the crisis, a job was to be offered to an eligible member, the court said.
“The concept of compassionate appointment has been recognised as an exception to the general rule, carved out in the interest of justice, in certain exigencies, by way of policy of an employer, which partakes the character of service rules. That being so, it needs little emphasis that the scheme or the policy, as the case may be, is binding both on the employer and the employee,” the court said.
As the scheme was an exception, the competent authorities had to implement it in its strict terms. Equal opportunity in public employment was a Constitutional mandate. Sympathy could not be allowed to override statutory or Constitutional provisions, the court added.
Pointing to the need for certain amount of merit assessment in appointing such candidates, the court said the concept of compassionate appointment itself should be reconsidered by the government and restricted so as to provide appointment only to the legal heirs of the deceased in genuine circumstances. Otherwise, the scheme would have a negative impact on good governance.
Taking into account the fact that the claim of the petitioner for appointment on compassionate ground was rejected by competent authority as the family was not in indigent circumstances, the court rejected the relief sought.
