Compassionate Appointment should be commensurate to Candidate's Qualification, Rules HC

Recently, the Andhra Pradesh High Court has clarified that compassionate appointments cannot be reduced to mere formality by placing eligible candidates in lower posts despite their qualifications, holding that such appointments must meaningfully correspond to the candidate’s eligibility. The Court’s intervention emphasised that compassionate schemes are not merely about providing employment, but about ensuring placement that is fair, appropriate, and aligned with the candidate’s eligibility, particularly where administrative discretion is involved.

The case arose from a dependent of a deceased judicial employee who was granted appointment on compassionate grounds to a lower post, even though he possessed the educational qualifications required for a higher clerical position. His repeated representations seeking appropriate placement went unaddressed, eventually leading to litigation. The authorities justified the rejection by relying on a circular governing promotions, effectively treating the request as a matter of advancement rather than initial appointment. The petitioner, however, relied on an earlier precedent and a government order that permitted appointment to any suitable post, provided the candidate met the requisite qualifications.

The High Court found this approach legally unsustainable. It noted that the authorities had misdirected themselves by applying rules meant for promotions instead of the governing framework for compassionate appointments. Emphasising parity and consistency in administrative action, the Court observed that similarly placed candidates had been granted higher posts under the same scheme, making the rejection in the present case arbitrary.

The Bench remarked, “It is not clear as to how a Circular relating to promotions would bar the appointment… if such a person is otherwise eligible and has the necessary educational qualifications.” It further held that denying an eligible candidate a suitable post defeats the very purpose of compassionate appointment, which is to provide effective relief to the family of the deceased employee.

Consequently, the Court set aside the impugned rejection order and directed the authorities to regularise the petitioner’s service by treating him as appointed to the higher post from the relevant date. It also ordered that he be granted corresponding promotions and pay scale benefits, while clarifying that no back wages would be payable as he had already been compensated for the duties performed in the lower post.

Case Title: Pidugu Sasi Kanth Reddy Vs. Dist Judge Kadapa Ors.

Case No.: Writ Petition No: 23473/2011

Coram: Hon’ble Mr. Justice R Raghunandan Rao, Hon’ble Mr. Justice T.C.D.Sekhar

Advocate for the Petitioner: Adv. Dondappagari Sai Siddi Srikhar

Advocate for the Respondent: Adv. K Srinivasa Rao

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