Compassionate appointment is not a right but a concession and should be strictly in accordance with the prevalent rules for compassionate appointment applicable to the deceased/prematurely retired employee. The appointment on compassionate grounds is not automatic and should be subject to the strict scrutiny of various parameters including the financial position of the family, the economic dependence of the family upon the deceased employee, and the avocation of the other members of the family.

ORDER :

The relief sought for in the present writ petition is to consider the representation submitted by the writ petitioner on 06.06.2016 to provide appointment on compassionate grounds.

2. The petitioner states that his father Late D.Ramalingam worked as Field Worker in Chennai Metro Water Supply and Sewerage Board. The father of the writ petitioner died on 11.12.1996, while he was in service. The brother of the writ petitioner namely R.Puvindhran submitted an application in the year 1996 to provide appointment on compassionate grounds. However, the brother of the writ petitioner also died subsequently on 12.02.2003, after a lapse of about 7 years from the date of submission of his application.

3. The petitioner has not made any application thereafter and only on 30.12.2006, after a lapse of about 10 years from the date of death of the deceased employee, the petitioner submitted an application to the respondent/Board to provide appointment on compassionate grounds. However, the respondent/Board had not considered the application submitted by the writ petitioner. Subsequently, after a lapse of another 10 years, the petitioner submitted a representation on 06.06.2016 and for the purpose of disposing of the said representation, the present writ petition is filed.

4. There is no provision under the scheme of compassionate appointment to entertain the second application for compassionate appointment. The brother of the writ petitioner submitted an application during the relevant point of time and after a lapse of about 7 years, he died. Even during his lifetime, he had not pursued the application. Thus, now the application submitted by the petitioner after a lapse of 10 years from the date of death of his father is not entertainable.

5. Scheme of compassionate appointment is to mitigate the circumstances arising on account of the sudden death of an employee and it has no objectivity to provide one employment to the family of the deceased employee. Therefore, scheme being a concession, it is to be implemented strictly in accordance with the terms and conditions stipulated.

6. The principles regarding the compassionate appointment are laid down by the Hon’ble Supreme Court in the following cases:

(a) The Supreme Court of India in the case of Union of India and others Vs. Amrita Sinha in C.A.No.7640 –7641 of 2021 dated 11.12.2021 (2021 (15) Scale 174) held in Paragraph No.10 as follows :

“The monthly pension which was payable to the respondent was required to be taken into account in the award of merit points. The Tribunal, however, came to the conclusion that pension is paid for past service rendered by the employee and, hence, denial of compassionate appointment on that basis was not justifiable. This reasoning of the Tribunal is fallacious. Undoubtedly, pension is not an act of bounty, but is towards the service which has been rendered by an employee. However, in evaluating a claim for compassionate appointment, it is open to the authorities to evaluate the financial position of the family upon the death while in service. Compassionate appointment is not a vested right. It is provided in order to enable a family to tide over a financial crisis caused by the death of its wage-earner while in service. If the scheme requires that the family pension must be taken into account in evaluating the merits an application, it has to be followed.”

(b) In this regard, the Hon'ble Supreme Court of India in the case of Ahmednagar Mahanagar Palika vs. Ahmednagar Mahanagar Palika Kamgar Union reported in [2022 LiveLaw (SC) 739], wherein in paragraph-8 of its judgment, reiterated the principles to be adopted for providing appointment on compassionate grounds as under:-

“8. Even otherwise, such an appointment to the heirs of the employees on their retirement and/or superannuation shall be contrary to the object and purpose of appointment on compassionate grounds and is hit by Article 14 of the Constitution of India. As observed and held by this Court in a c