Job on compassionate grounds not a right: SC

‘Family pension must be taken into account’

The Supreme Court has reiterated that the policy of compassionate appointment in public service is not a right, but a benefit held out by the state to rescue the family of an employee, who died in harness, from penury.

A Bench led by Justice D.Y. Chandrachud observed that compassionate appointment is an exception to the general rule that appointment to any public post in the service of the state has to be made on the basis of principles which accord with Articles 14 and 16 of the Constitution.

Financial hardship

“Dependants of a deceased employee of the state are made eligible by virtue of the policy on compassionate appointment. The basis of the policy is that it recognises that a family of a deceased employee may be placed in a position of financial hardship upon the untimely death of the employee while in service.”

The court said it was the “immediacy of the need” which furnishes the basis for the state to allow the benefit of compassionate appointment. Where the authority finds that the financial and other circumstances of the family are such that in the absence of immediate assistance, it would be reduced to being indigent, an application from a dependent member of the family could be considered, Justice Chandrachud wrote.

The court was hearing an appeal filed by Shashi Kumar, whose father, an employee with the horticulture department in Himachal Pradesh, died suddenly.

Mr. Kumar applied for compassionate appointment, but the State government wrote back saying that the income certificate does not contain the family pension amount received. The State government argued in the High Court that the information about the family pension was required to calculate the financial status of the family and whether it was in need of compassionate appointment. The High Court ruled in favour of Mr. Kumar, following which, the State moved the Supreme Court.

The Supreme Court set aside the High Court decision, reasoning that the scheme must take into account the welfare measures provided by the government, including the family pension.