Compassionate appointments in India have its roots in Article 39 of the Directive Principles of State Policy. It is a provision made to provide employment to a dependent family member of a deceased government employee. The purpose of this provision is to alleviate the financial hardship faced by the family after the untimely demise of the employee, and to provide them with a means of sustenance. Compassionate appointments are granted based on grounds and conditions, specific rules and guidelines set by the respective state or central government.
·
Grounds for compassionate appointment in India:
- Death of the employee: The
primary ground for compassionate appointment is the death of the
government employee. This includes cases where the employee dies while in
service or due to an injury or illness directly attributable to the
performance of official duties.
- Financial hardship:
Compassionate appointment is considered when the family of the deceased
employee is in financial distress and unable to sustain themselves due to
the loss of the employee's income. The appointment aims to provide support
to the family by offering a job.
- Eligible dependent family member: The
appointment is generally granted to a dependent family member of the
deceased employee. This usually includes the spouse, son, daughter, or
sibling who meets the prescribed eligibility criteria set by the
respective government or organization.
- Availability of suitable vacancy:
Compassionate appointment is subject to the availability of a suitable
vacancy in the organization. The organization should have an open position
that can be filled through compassionate appointment without compromising
the efficiency and functioning of the institution.
- Lack of alternative means of support: The
family should demonstrate that they do not have any other adequate means
of support or livelihood. This could include factors such as the absence
of another earning member in the family, limited job opportunities in the
locality, or the dependent's inability to find suitable employment due to
various reasons.
- Time limit for application: There
is usually a specific time limit within which the application for
compassionate appointment needs to be submitted. This ensures that the
request is made in a timely manner and prevents undue delay in processing
the appointment.
- Merit-based consideration: In some
cases, compassionate appointment may also require the dependent to meet
certain merit-based criteria, such as educational qualifications, skill
set, or relevant experience. This helps ensure that the appointed person
is capable of fulfilling the duties of the position.
- Rules and regulations: The
appointment is governed by specific rules and regulations set by the
concerned government or organization. These rules outline the eligibility
criteria, application process, and the maximum age limit for considering
compassionate appointments. The applicant must meet the prescribed
qualifications and other requirements.
- Discretionary power of the employer: The
authority granting compassionate appointment holds discretionary power to
determine whether to grant or reject an application. The decision is made
after assessing the merits of each case, including the financial condition
of the family, the availability of suitable vacancies, and the overall
circumstances.
It is important to note that the
grounds for compassionate appointment may vary across different government
departments and organizations in India. Therefore, it is advisable to refer to
the specific rules and guidelines applicable to the concerned institution for
accurate and up-to-date information regarding compassionate appointments.
·
Latest judgment and Principles set out by Apex Court on
compassionate appointment in India:- Apex court in case of State of
West Bengal v. Debabrata Tiwari And Ors. Etc.| 2023 LiveLaw (SC) 175 | Civil
Appeal Nos. 8842-8855 of 2022 of 2023| 3rd March, 2023 held that:
“...the operation of a policy/scheme
for compassionate appointment is founded on considerations of immediacy. A
sense of immediacy is called for not only in the manner in which the
applications are processed by the concerned authorities but also in the conduct
of the applicant in pursuing his case, before the authorities and if needed
before the Courts.”
·
Grounds for rejecting claim of Compassionate
Appointment by Apex Court:
1.
Existence of a State policy is sine qua non for making
compassionate appointments.
2.
Considerable delay and Applicant not diligently
pursuing their claims.
·
Principles summarized by Apex Court for compassionate
appointment in India:
a. Provision to
enable the family of the deceased to get over the sudden financial crisis. Compassionate
appointment makes a departure from the general provisions providing for
appointment to a post by following a particular procedure of recruitment
b. Appointment
on compassionate grounds is not a source of recruitment. It aims to
see that the dependents of the deceased are not deprived of the means of
livelihood. It only enables the family of the deceased to get over the sudden
financial crisis.
c. Compassionate
appointment is not a vested right which can be exercised at any time in future.
Compassionate employment cannot be claimed or offered after a lapse of time and
after the crisis is over.
d. Compassionate
appointment should be provided immediately to redeem the family in distress. It is
improper to keep such a case pending for years.
e. Factors determining
as to whether the family is in financial crisis: All relevant aspects must be borne in mind
including the income of the family, its liabilities, the terminal benefits if
any, received by the family, the age, dependency and marital status of its
members, together with the income from any other source.
0 Comments