2015 Supreme(Cal) 38

2015 (1) LLN 343
High Court of Judicature at Calcutta
DIPANKAR DATTA, J.
Asima Lahiri –Appellant
Versus
National Institute of Technology (University), Durgapur & Others – Respondent
W.P. No. 22280 (W) of 2014
Decided On : 29-01-2015

Compassionate appointment is an exception to the Constitutional safeguards of equality in the matter of public employment. However, once the dependent of a deceased employee is found suitable in terms of the scheme for appointment and is ultimately appointed, and starts discharging the duty entrusted to him/her, the source of appointment becomes redundant and the compassionate appointee is entitled to similar benefits which appointees from regular sources are entitled and no differentiation in relation to treatment would ordinarily be permissible.

Headnote:

COMPASSIONATE APPOINTMENT - ELIGIBILITY - FINANCIAL CONDITION - TERMINATION OF SERVICE - APPLICABILITY OF SCHEME - VALIDITY OF APPOINTMENT - INTERPRETATION OF SCHEME - CONDITIONS OF SERVICE - RETRENCHMENT - REINSTATEMENT. The petitioner, the widow of a deceased employee of the National Institute of Technology Durgapur (NIT), was appointed on compassionate grounds on a consolidated pay of Rs.6,460/- without quarters or Rs.5700/- with quarters. The appointment was terminable with one month's notice from either side. The petitioner joined the NIT and was posted as an assistant in the Central Library. She continued to discharge her duty without any complaint and was treated as a regular/permanent employee of the NIT. The petitioner enhanced her qualification by acquiring B. Lib. degree for rendering better service to the NIT. The petitioner's services were terminated by an order dated July 1, 2014, on the ground that her services were no longer required by the Institute. The petitioner challenged the termination order by filing a writ petition.

Fact of the Case:

The petitioner's husband, who was serving as a professor in the M.E. Department of the NIT, passed away on May 8, 2006, leaving behind the petitioner (widow) and their twin children (a son and a daughter, aged about 15 years) as the surviving legal heirs. Faced with severe crisis, both mental and financial, the petitioner immediately thereafter applied for compassionate appointment on May 12, 2006. Considering the petitioner’s financial condition as depicted in the said application, the Director of the NIT by his letter dated June 15/22, 2006 offered compassionate appointment to her on the post of ‘Lower Division Assistant’ on ad hoc basis on a consolidated pay of Rs.6,460/- without quarters or Rs.5700/- with quarters, to be governed by the same terms and conditions as are applicable for similar categories of staff of the NIT. Despite the appointment being temporary and terminable with one month’s notice from either side, the petitioner accepted the offer and joined the NIT, whereupon she was posted as an assistant in the Central Library. The petitioner continued to discharge her duty without any complaint and she was treated as a regular/permanent employee of the NIT. Since the library became the petitioner’s workplace, she enhanced her qualification by acquiring B. Lib. degree for rendering better service to the NIT.

Finding of the Court:

The Court held that the petitioner was eligible for compassionate appointment as she was the widow of a deceased employee of the NIT and was in indigent condition. The Court further held that the termination of the petitioner's service was illegal and unsustainable as it was not in accordance with the scheme for compassionate appointment. The Court also held that the petitioner was entitled to reinstatement with full benefits.

Issues: 1. Whether the petitioner was eligible for compassionate appointment? 2. Whether the termination of the petitioner's service was legal and sustainable? 3. What relief was the petitioner entitled to?

Ratio Decidendi: 1. The scheme for compassionate appointment was applicable to the NIT and the petitioner was eligible for compassionate appointment as she was the widow of a deceased employee of the NIT and was in indigent condition. 2. The termination of the petitioner's service was illegal and unsustainable as it was not in accordance with the scheme for compassionate appointment. The scheme required that termination of service could be made only on the ground of non-compliance of any condition stated in the offer of appointment after providing an opportunity to the compassionate appointee by way of issue of show cause notice asking him/her to explain why his/her services should not be terminated for non-compliance of the condition(s) in the offer of appointment. In the present case, no such opportunity was given to the petitioner. 3. The petitioner was entitled to reinstatement with full benefits as she was illegally terminated from service.

Final Decision: The writ petition was allowed and the impugned termination order was set aside. The petitioner was directed to be reinstated in service immediately on service of a certified copy of the judgment and order, and upon such reinstatement and resumption of duty, she shall be treated to be in continuous service. The arrears of financial benefits shall be computed and paid to the petitioner within a reasonable period (say a month) from the date of service of such certified copy.