Compassionate appointment is not a vested right but a temporary exception to address immediate financial crises following a breadwinner's death. Significant delay in seeking such employment diminishes the requirement for urgent relief, as the family is presumed to have overcome the initial period of destitution.

JUDGMENT :

ANANDA SEN, J.

1. Heard the parties.

2. The petitioner is seeking compassionate appointment on the ground of death of her husband who died in harness while working in Bokaro Steel Plant on 29.02.2008.

3. The petitioner is the widow of Anil Kumar who was working in Bokaro Steel Plant, Steel Authority of India Limited, Bokaro Steel City.

4. He died in harness on 29.02.2008, now the petitioner has approached this Court for the first time seeking compassionate appointment.

5. The purpose of giving compassionate appointment is to save the family of the bread winner from immediate financial crises which is caused due to sudden death of the employee. The Hon’ble Supreme Court in the case of “Canara Bank Vs. Ajith Kumar G.K.”, reported in 2025 SCC Online SC 290 at paragraph No.11 of its judgment carved out the settled principles for grant of compassionate appointment which is here under:-

“11. Decisions of this Court on the contours of appointment on compassionate ground are legion and it would be apt for us to consider certain well-settled principles, which have crystallized through precedents into a rule of law. They are (not in sequential but contextual order):

a) Appointment on compassionate ground, which is offered on humanitarian grounds, is an exception to the rule of equality in the matter of public employment [see General Manager, State Bank of India v. Anju Jain]. (2008) 8 SCC 475

b) Compassionate appointment cannot be made in the absence of rules or instructions [see Haryana State Electricity Board v. Krishna Devi]. (2002) 10 SCC 246

c) Compassionate appointment is ordinarily offered in two contingencies carved out as exceptions to the general rule, viz. to meet the sudden crisis occurring in a family either on account of death or of medical invalidation of the breadwinner while in service [see V. Sivamurthy v. Union of India]. (2008) 13 SCC 730

d) The whole object of granting compassionate employment by an employer being intended to enable the family members of a deceased or an incapacitated employee to tide over the sudden financial crisis, appointments on compassionate ground should be made immediately to redeem the family in distress [see Sushma Gosain v. Union of India]. (1989) 4 SCC 468

e) Since rules relating to compassionate appointment permit a side-door entry, the same have to be given strict interpretation [see Uttaranchal Jal Sansthan v. Laxmi Devi]. (2009) 11 SCC 453

f) Compassionate appointment is a concession and not a right and the criteria laid down in the Rules must be satisfied by all aspirants [see SAIL v. Madhusudan Das]. (2008) 15 SCC 560

g) None can claim compassionate appointment by way of inheritance [see State of Chattisgarh v. Dhirjo Kumar Sengar]. (2009) 13 SCC 600

h) Appointment based solely on descent is inimical to our constitutional scheme, and being an exception, the scheme has to be strictly construed and confined only to the purpose it seeks to achieve [see Bhawani Prasad Sonkar v. Union of India]. (2011) 4 SCC 209

i) None can claim compassionate appointment, on the occurrence of death/medical incapacitation of the concerned employee (the sole bread earner of the family), as if it were a vested right, and any appointment without considering the financial condition of the family of the deceased is legally impermissible [see Union of India v. Amrita Sinha]. (2021) 20 SCC 695

j) An application for compassionate appointment has to be made immediately upon death/incapacitation and in any case within a reasonable period thereof or else a presumption could be drawn that the family of the deceased/incapacitated employee is not in immediate need of financial assistance. Such appointment not being