Compassionate appointments are an exception to the general recruitment rules and contingent upon strict adherence to governing schemes; eligibility requires eligibility criteria to be met, such as minimum age at the time of the employee's death.

JUDGMENT :

(ANANDA SEN, J.)

Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner is the son of the deceased Santosh Munda who died in harness on 13.12.2007 while working in M/s Bharat Coking Coal Limited. Thereafter the petitioner had approached the Hon’ble Calcutta High Court for grant of compassionate appointment by filing WP No. 468 of 2015 which was disposed of on 07.07.2015. While disposing the said writ application, the Single Judge, Hon’ble Calcutta High Court has held that:

“Unless the scheme for providing compassionate appointment envisages a situation where a minor seeking compassionate appointment can be considered for such appointment upon attaining majority without any time consciousness or limit, the same is impermissible. In the instant case, there is no such scheme in force, but if the petitioner comes within the compass of the relevant National Coal Wages Agreement, there is no embargo and/or fetter to consider his case in accordance with law.”

3. The petitioner thereafter in terms of the aforesaid order filed a representation before the respondent-Authority which was considered and dismissed by the impugned order dated 16.05.2017. In the impugned order it has been held that as per the matriculation certificate of the petitioner, his date of birth is recorded as 03.06.1996 (this fact is admitted by the petitioner), then as per the said date of birth, petitioner was admittedly 11 years 1 month and 10 days on the date of death of his father i.e. on 13.12.2007. As per National Coal Wage Agreement a minor of 11 years 1 month and 10 days cannot be kept in live roster to get the benefit of compassionate appointment on attaining majority. The scheme does not provide for such. On this ground his claim for compassionate appointment was rejected.

4. The sole purpose of the compassionate appointment is to enable the family to get over the sudden financial crisis which occurs due to the sudden death of the breadwinner of the family in harness. The Hon’ble Supreme Court in “ Central Coalfields Ltd. v. Parden Oraon ” reported in (2021) 16 SCC 384 in has held as:

“8. The whole object of granting compassionate appointment is to enable the family to tide over the sudden crisis which arises due to the death of the sole breadwinner. The mere death of an employee in harness does not entitle his family to such source of livelihood. The authority concerned has to examine the financial condition of the family of the deceased, and it is only if it is satisfied that but for the provision of employment, the family will not be able to meet the crisis that the job is offered to the eligible member of the family [Umesh Kumar Nagpal v. State of Haryana, (1994) 4 SCC 138 : 1994 SCC (L&S) 930] . It was further asseverated in the said judgment that compassionate employment cannot be granted after a lapse of reasonable period as the consideration of such employment is not a vested right which can be exercised at any time in the future. It was further held that the object of compassionate appointment is to enable the family to get over the financial crisis that it faces at the time of the death of sole breadwinner, compassionate appointment cannot be claimed or offered after a significant lapse of time and after the crisis is over.”

5. Further, the Hon’ble Supreme Court in the case of “ Fertilizers and Chemicals Travancore Ltd. and Others v. Anusree K.B. reported in 2022 SCC OnLine SC 1331 at para 18 has held as under-

“18.Thus, as per the law laid down by this Court in the aforesaid decisions, compassionate appointment is an exception to the general rule of appointment in