Compassionate appointment is governed by state policy; suppression of material facts regarding a family member's government employment justifies termination, and courts cannot rewrite policy to consider financial dependency over explicit eligibility criteria.

Judgment on Board

Per, Ramesh Sinha, CJ .

1 For the reasons mentioned in the application and finding them to be satisfactory, IA No.01/2026 is allowed and delay in filing the appeal is ordered to be condoned.

2 Being aggrieved by the order dated 08.05.2026 passed by learned Single Judge in WPS No.1147 of 2022, dismissing the writ petition filed by the petitioner, the present writ appeal has been filed.

3 Learned counsel for the appellant would submit that, the father of the appellant, working as Head Master, died in harness on 01.05.2021. The appellant being son of deceased employee, moved an application for compassionate appointment which was accepted and an order of compassionate appointment was issued in his favour on 31.05.2021. Pursuant to which, he joined his services, however, on a false complaint, the appellant was terminated vide order dated 24.12.2021 on the ground of suppression of fact that his mother is already in Government service. He would submit that the mother of appellant was staying separately prior to the death of his father and she never provided financial assistance to the appellant. He would argue that before termination of his services, no opportunity of hearing was afforded to him. The respondent authorities ought to have conducted inquiry with regard to financial condition of the appellant. Learned Single Judge has not considered all these facts and therefore the writ appeal may be allowed and services of the appellant may be restored.

4 On the other hand, learned counsel for the respondents opposes the submissions made by learned counsel for the appellant and submits that since the mother of appellant i.e. wife of deceased employee is already in government service, in terms of the policy for compassionate appointment, the appellant was not entitled to be appointed on compassionate ground. Thus, he was rightly terminated from service on account of suppressing he material facts which has rightly been considered and decided by the learned Single Judge which does not call for any interference.

5 We have heard learned counsel for the parties and perused the material available on record.

6 All said and done, one of the family member i.e. wife of the deceased employee already in government service have not been disputed by the appellant. The financial crisis or penury is the basic parameter for consideration of compassionate appointment in view of the object and policy framed by the Government. As such, the action of the respondent authorities terminating the services of the appellant which he obtained by suppressing the material facts of his mother being already employment, is justified on the count that mother of appellant is already in government employment. Suppression of material information and making a false statement has a clear bearing on the character and antecedents of the employee in relation to his continuance in service. A candidate having suppressed the material information and/or giving false information cannot claim right to continuance in service.

7 Even otherwise, in view of Clause-6A of the policy for grant of compassionate appointment issued by the State Government, the appellant was not at all eligible for compassionate appointment as his mother was already in government service, however, the appellant concealed the said fact by giving a false affidavit and obtained compassionate appointment by suppressing the material fact of employment of his mother, therefore, his services was rightly terminated.

8 Dealing with Clause-6A of the policy for grant of compassionate appointment, the Division Bench of this court in Rachana Darwade Vs. State of Chhattisgarh & Others and batch of Writ Petitions, leading case of which being WPS No.561 of 2022, has observed as under :

“41. Reiterating the conclusion in Neeraj Kumar Uke (supra) and bearing in mind that compassionate appointment must be governed by terms on which the State lays down