Compassionate appointment is not a matter of right but a concession granted under exceptional circumstances, and it should be evaluated based on the provisions contained in the scheme. Equal opportunity in public employment is a constitutional mandate.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus calling for the recoreds pertaining to the impugned order passed by the 2nd respondent vide his proceedings in O.Mu.A1/3771/2020, dated 18.03.2020, and quash the same as illegal and consequently directing the 2nd respondent to provide any suitable post to the petitioner under the compassionate appointment ground within time fixed by this Court.)

1. The order dated 18.03.2020, passed by the second respondent, rejecting the claim of the petitioner for compassionate appointment, is under challenge in this writ petition.

2. The petitioner states that his father was working as Office Assistant in the third respondent's office and died on 16.11.2012, while he was in service. During the relevant point of time, the petitioner was minor and therefore, he was not eligible for compassionate appointment. The petitioner's mother was not possessing requisite educational qualification and hence, she had not applied for compassionate appointment. However, the petitioner submitted an application on 24.04.2018, after attaining the age of majority, more specifically, after a lapse of about five years from the date of death of the deceased employee. The said application has been rejected by the respondents.

3. This Court is of the considered opinion that the petitioner's father died on 16.11.2012; the petitioner submitted application on 24.04.2018, after a lapse of more than five years; as per the scheme of compassionate appointment, no legal heir of the deceased employee, during the relevant point of time, was eligible for compassionate appointment and the petitioner, after a lapse of more than five years, after attaining the age of majority, cannot avail the benefit of the scheme of compassionate appointment, as the scheme stipulates that application for compassionate appointment must be submitted within a period of three years from the date of death of the deceased employee.

4. The scheme of compassionate appointment was introduced to mitigate the circumstances arising on account of sudden demise of the Government employee. Compassionate appointment is not a regular appointment, nor an appointment under the constitutional scheme. It is a concession granted to the Government employees on certain exceptional circumstances. Thus, the compassionate appointment can never be claimed as a matter of right and only if a person is entitled under the terms and conditions, then alone the scheme can be extended, but not otherwise. Equal opportunity in public employment is a constitutional mandate. All appointments are to be made in accordance with the rules and by providing equal opportunity to participate in the process of selection.

5. As far as the compassionate appointments are concerned, no selection is conducted, no suitability or eligibility are tested, but persons are appointed merely based on death of an employee. Therefore, compassionate appointment is to be restricted in the interest of the efficient public administration. No doubt, the Government has also restricted the compassionate appointments and it is to be extended only to the deserving family. Providing compassionate appointment after a lapse of many years would not only defeat the purpose and object of the scheme, but also the penurious circumstances arose on account of the sudden death became vanished. Thus, the lapse of time is also a ground to reject the claim for compassionate appointment. Number of judgments are delivered by this Court and the Government has also issued revised instructions for providing compassionate appointment in G.O.(Ms) No.18, Labour and Employment (Q1) Department, dated 23.01.2020.

6. Even recently, the Honourable Supreme Court in the case of State of Uttar Pradesh and Others vs. Premlata, reported in (2022) 1 SCC 30, has made observations in respect of implementation of the scheme of compassionate appointment and the relevant portion