IMPORTANT POINT
Indigence of the dependents of the deceased employee is the first pre-condition for “compassionate appointment”.

JUDGMENT

Aftab Alam, J. —

1. This appeal by special leave is directed against the judgment of the Division Bench of the Madras High Court. By the judgment and order coming under appeal, the High Court directed the appellants to include the name of the respondent in the list of candidates waiting for appointment under the scheme of “compassionate appointments”.

2. The wife of the respondent K. Janaki died on September 1, 1993, while giving birth to their second child. At that time she was working as a Senior Accountant in the Office of the Directorate of Postal Accounts, Madras. On September 21, 1993, the respondent made an application for payment of her death-cum-terminal dues. A rival claim was raised by the mother of the deceased but the respondent was able to obtain the succession certificate and on that basis he got payment of a sum of Rs.71,000/- as death-cum-retirement gratuity of his deceased wife, in addition to a sum of Rs.2,998/- per month as family pension.

3. On January 11, 1994, the respondent made the request for compassionate appointment but he was informed by the concerned departmental authorities that his claim for compassionate appointment would be considered only after the settlement of the rival claims for payment of the death-cum-terminal dues of K. Janaki. After payment of the monetary dues to the respondent, his claim for appointment on compassionate basis was taken up and he was asked to submit proof of passing the S.S.L.C. examination. On July 9, 1996, the respondent made another representation for appointment on compassionate grounds. His case was finally considered by the Circle Selection Committee and he was informed by letter dated February 26, 1998, that he was not found entitled to appointment on compassionate grounds because he was not considered to be “in indigent circumstances”.

4. The respondent challenged the decision of the Circle Selection Committee before the Central Administrative Tribunal, Madras Bench in O.A. No.610/1998. The Tribunal dismissed the O.A. by order dated July 16, 1998. Against the order passed by the Tribunal, the respondent went to the Madras High Court in Writ Petition No.12225/1998. A Division Bench of the High Court allowed the Writ Petition with the direction to the appellants to include his name in the list of candidates waiting for appointment on compassionate basis. The High Court in the judgment coming under appeal observed as follows:-

“In deserving cases even when there is an earning member in the family, compassionate appointment may be offered, if the family is found to be in distress, with the prior approval of the Secretary of the Department concerned.”

It went on to say:

“The Scheme, therefore, does not lay emphasis on the indigency as a criterion for withholding or offering compassionate appointment. Compassionate appointment is to be made as a result of the death of the deceased official and when his/her family is in immediate need of assistance.” (emphasis added)

It further said:

“Admittedly, there is a young son has to be looked after and brought up. It cannot, therefore, be said that the family is not in need of income. The fact that the family receives pension also no ground to decline appointment nowhere provides that in case where the family is paid pension.”

5. On going through the judgment passed by the High Court, it is evident that it is based on a complete misconception about the scheme of compassionate appointments. Contrary to the High Court’s observation, indigence of the dependents of the deceased employee is the first pre-condition to bring the case under the scheme of “compassionate appointment”. The very purpose and object of the scheme is to provide immediate succour to the family of an employee that, on his death, may suddenly find itself in a state of destitution. If the element of indigence and the need to provide immediate assistance for relief from financial deprivation is taken out from the scheme of compassionate appointments, it