A division bench of the Supreme Court comprising Justice M.R. Shah and Justice Krishna Murari quashed a High Court order which allowed the respondent’s appointment to a government vacancy on compassionate grounds after her mother’s death. The rationale for the same was that the respondent could not be said to be dependent on the deceased employee, i.e., her mother. Even otherwise, she shall not be entitled to appointment on compassionate ground after a number of years from the death of the deceased employee. Further, an appointment on compassionate grounds cannot be claimed as a matter of right.
Facts:
The father of the respondent was in the clerical cadre serving with the appellants. After his death, his wife, i.e., the mother of the respondent was appointed on compassionate grounds. However, she died while in service. Thereafter the elder sister of the respondent namely Mrs. Sangita M. Thonge made an application for seeking an appointment on compassionate grounds. The said application was rejected on the ground that she cannot be given the appointment on compassionate grounds as she is a married daughter. Thereafter the State Government issued a Government Circular, according to which the employment was to be provided to one of the legal heirs and representatives of the deceased government servant on compassionate grounds. Thereafter the respondent, a married daughter of the deceased employee – Late Smt. Lata Maruti Vidhate applied for an appointment on compassionate grounds. The respondent is the second married daughter and the application made by her elder married sister was already rejected in the year 2011. The application of the respondent for an appointment on compassionate grounds came to be rejected. The respondent filed O.A. No. 860 of 2015 before the Tribunal approximately after a period of two years after the rejection of her application for appointment on compassionate grounds. The Tribunal vide its judgment and order allowed the said O.A. and directed to consider the respondent’s case for appointment on compassionate grounds. The order passed by the Tribunal has been confirmed by the High Court by the impugned judgment and order, which is the subject matter of the present appeal before this Court.
Observations of the Court:
The court placed reliance on the case of Director of Treasuries in Karnataka and anr. Vs. V Somyashree, 2021 SCC Online SC 704, which summarized the principle governing the grant of appointment on compassionate ground as under:
- “The compassionate appointment is an exception to the general rule;
- That no aspirant has a right to a compassionate appointment;
- the appointment to any public post in the service of the State has to be made on the basis of the principle in accordance with Articles 14 and 16 of the Constitution of India;
- appointment on compassionate grounds can be made only on fulfilling the norms laid down by the State’s policy and/or satisfaction of the eligibility criteria as per the policy;
- the norms prevailing on the date of the consideration of the application should be the basis for consideration of the claim for compassionate appointment.”
The court further noticed that for all the government vacancies, equal opportunity should be provided to all aspirants as mandated under Articles 14 and 16 of the Constitution. However, appointment on compassionate ground offered to a dependent of a deceased employee is an exception to the said norms. The compassionate ground is a concession and not a right. Thus, 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.
In the present case, to appoint the respondent now on compassionate ground shall be contrary to the object and purpose of appointment on compassionate ground. The respondent cannot be said to be dependent on the deceased employee, i.e., her mother. Even otherwise, she shall not be entitled to appointment on compassionate ground after a number of years from the death of the deceased employee.
Decision:
The order passed by the Maharashtra Administrative Tribunal in O.A. No. 860 of 2015 and the impugned judgment and order passed by the High Court dismissing the writ petition and confirming the order passed by the Tribunal were quashed and set aside.
Case: The State of Maharashtra and anr. Vs Madhuri Maruti Vidhate
Citation: Civil Appeal No. 6938 of 2022
Coram: Justice M.R. Shah and Justice Krishna Murari
Decided on: September 30th, 2022
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