AI Overview...
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Compassionate Appointment - Generally granted on humanitarian grounds to dependents of government employees who die in harness; however, rules specify that such appointments are often limited to permanent positions and not applicable to daily wagers or temporary staff, especially if they have not been employed in regular vacancies for a specified period. Even if a daily wager worked more than three years before death, they are typically not entitled to compassionate appointment. AJAY KUMAR VS STATE OF U. P. - Allahabad
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Eligibility Criteria - The claimant's eligibility depends on their status at the time of appointment. For example, a married daughter who does not fall within the definition of family under the rules cannot claim compassionate appointment, and delays in application can frustrate the purpose of providing such relief. The object of compassionate appointment is to provide immediate support, not to be claimed as a right after significant delays. SARITA SINGH VS STATE OF U. P. - Allahabad
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No Vested Right - Appointment on compassionate grounds is not a vested right but a humanitarian consideration. The scheme is discretionary, and delay or lapse in applying can lead to rejection. Courts have emphasized that such appointments are not a matter of right but are granted based on compassionate grounds within the framework of rules and policies. Indu Srivastava VS State Of Bihar - Patna, State of J. & K. VS Sajad Ahmed Mir. - Rajasthan
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Time Limits and Conditions - If the dependent expires shortly after appointment (e.g., within two years), the order may be set aside. Delay in applying (e.g., after 4.5 or more years) or after a long period from the employee’s death (e.g., 15 years) can disqualify claims. The object is to provide immediate relief, and undue delay can nullify entitlement. State of J. & K. VS Sajad Ahmed Mir. - Rajasthan, Manish Kumar VS State Of Bihar - Patna
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Scheme and Rules - Different rules (e.g., 1974 Rules, 1996 Rules, 1975 Rules) govern compassionate appointments, with provisions for condoning delays, but generally, the appointment must be made in a permanent establishment and within a reasonable time frame. The appointment process involves discretion, and courts have clarified that it cannot be treated as a matter of right. MGB Gramin Bank VS Chakrawarti - Supreme Court, Madhumita Karan VS State Of West Bengal - Calcutta, SHRI H. V. MOHAN KUMAR VENKATESH VS KARNATAKA STATE ROAD TRANSPORT CORPORATION REPRESENTED - Karnataka
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Specific Cases - Courts have directed authorities to consider applications favorably and expeditiously, especially when the applicant is a close dependent like a mother or daughter. Nomination by a parent can also lead to directions for appointment within a stipulated period. However, the overall principle remains that compassionate appointment is a humanitarian measure, not an entitlement. Raj Rani VS Collector (Land Record) Ajmer - Rajasthan, AJAY KUMAR VS STATE OF U. P. - Allahabad
Analysis and Conclusion:
Compassionate appointment is a discretionary humanitarian measure aimed at providing immediate relief to dependents of deceased government employees. It is not a vested right, and eligibility depends on strict adherence to rules, timely application, and the dependent's relationship with the deceased. Courts have consistently held that such appointments are to be granted within the framework of rules and are subject to conditions like the nature of employment, time elapsed since death, and dependency status. Delay in application or employment in non-permanent positions typically disqualifies claimants. Therefore, while compassionate appointment serves a compassionate purpose, it remains a privilege granted based on specific criteria rather than an automatic right.
Search Results for "Compasinate Appointment"
2011 0 Supreme(All) 2843 • India - Allahabad
RAJES KUMAR
Recruitment of Dependents of Government Servants Dying in Harness, Rules, 1974—Rules 2(a) and 5(1), 2(a)—Compassionate appointment—Daily ... temporary post—And not appointed in any regular vacancy—Even, if worked more than three years before death—Not entitled for such appointment ... appointment. ... Laxmi Devi and others, (2009) 2 SCC (L&S) 304 wherein it has been held that the daily wager not employed in regular vacancy is not a Government servant and not entitled for compassinate appointment. ... on....
2011 0 Supreme(All) 3256 • India - Allahabad
RAJES KUMAR
date of appointment, claimants should be eligible—If claimant is not eligible on date of appointment, she is not entitled to be ... Recruitment of Dependants of Government Servant (Dying in Harness) Rules, 1974—Rules 2(c) and 5—Compassionate appointment—Married ... daughter—Does not fall definition of "Family"—Contention of petitioner that merely because she married later on her claim for compassionate appointment ... The object of giving compassinate appointment stands frustrated. Rul....
2006 0 Supreme(Raj) 1962 • India - Rajasthan
ARIJIT PASAYAT, C.K.THAKKER
on compassionate ground cannot be claimed as matter of right – Applicant not entitled to appointment on compassinate ground. ... Service Matter – Appointment on compassionate ground – Application filed after 4 1/2 years of death of father of applicant – Application ... more than 15 years had passed from the date of death of the father of applicant – Family survived in spite of death of employee – Appointment ... ((1989) 4 SCC 468), it was observed that in claims of appointment on compassionate grounds, ....
2001 0 Supreme(Pat) 907 • India - Patna
AFTAB ALAM
if dependent expires shortly after being appointed say within two years of appointment-Order set aside. ... Service Law-Compassionate appointment-Dependent of the original deceased employee after being appointed on compassionate ground remained ... alive for less than two years-Brother of the deceased employee applying for appointment but rejected as there is no scope for any ... The brother of deceased employee is not covered by the scheme of compassionate appointments and in case the petitioner seeks appointm....
2002 0 Supreme(Pat) 303 • India - Patna
R.N.PRASAD
Service Law-Compassionate appointment-Appointment on Compassionate ground is not a vested right-The whole object of granting compassionate ... has no right/legal right to claim appointment on class III post. ... on such ground is purely humanitarian consideration-Such a provision makes a departure from the general provisions of making appointment ... Therefore, it is evident that appointment on compassinate ground is not vested right of the person who seeks appointment#HL_END....
2013 0 Supreme(SC) 717 • India - Supreme Court
B.S.CHAUHAN, S.A.BOBDE
Appointment – Compassionate appointment – Under dying in harness – Father of respondent, Class III employee of appellant Bank died ... on 19.4.2006 in harness – Respondent applied for compassionate appointment – During pendency of application a new scheme came into ... the date of commencement of the scheme should be considered for grant of ex-gratia payment to the family instead of compassionate appointment ... Applications pending under the Compasionate Appointment Scheme as on the d....
2006 0 Supreme(Kar) 657 • India - Karnataka
ANAND BYRAREDDY
... Labour and Services -Appointment -Appointment on compassinate grounds ... Rules, 1996 -Appointment on compassinate grounds -Where inspite of death of bread winner, family has survived and a reasonable time ... ... Constitution of India -Article 14 -Appointment on compassinate grounds ... And that grant of such appointment alter a considerable lapse of time, is not permissible. ... The legal representatives came on record, seeking an alternative ....
2020 0 Supreme(Cal) 289 • India - Calcutta
RAJARSHI BHARADWAJ
Compassionate Appointment - Appointment on Compassionate Ground - G.O. ... No. 697-ES/S/IS-18/08 - Rules for appointment on compassionate ground - Condoning unintentional delay - [Compassionate Appointment ... ] - [Appointment on Compassionate Ground] - [G.O. ... Schedule V of the said rules specifies the word "May" and whenever the question arises to condone the delay in filing the application for appointment on compassionate ground, it is considered that whether the reason behind suc....
2006 0 Supreme(Pat) 319 • India - Patna
Service Law-Compassionate Appointment-Compassionate appointment given to the petitioner cancelled after eleven years and she was ... converted into a daily wage worker on the ground that appointment being made in the work charge establishment-The impugned order ... not taking into account that the appointment was accorded on compassionate ground which can only be accorded in the permanent establishment-Impugned ... The impugned order does not show that before the same was issued, it had been taken into account that the #....
1993 0 Supreme(Raj) 399 • India - Rajasthan
G.S.SINGHVI
— The mother has nominated her married daughter for appointment on compassinate ground u/R. 5 — Directed to pass necessary order ... for appointment within a period of one month of submission of certified copy of this order. ... Servants Dying While in Service Rules, 1975, Rule 2 (f) and Rule, 5 - Court directed to dispose of the appointment application expeditiously ... Union of India and Others (1), their Lordships of the Supreme Court had observed : ... "It can be stated unequivocally that in all claims for ....
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