New Delhi: In an important ruling, Supreme Court has said that a person employed on compassionate grounds to alleviate family difficulties because of death of a parent in harness cannot seek appointment to higher posts merely because they have the requisite qualifications for the same.A bench of Justices Rajesh Bindal and Manmohan on Friday reversed a Madras HC judgment directing Tami Nadu govt to promote two persons initially appointed as sweepers on compassionate grounds, due to death of their fathers, as Junior Assistants as they had the requisite qualifications for that post at the time of their appointment in 2007 and 2012. Both had approached the HC in 2015.The bench said employment is provided on compassionate grounds to the eligible kin of an employee who dies in harness to enable the family of the deceased to tide over difficult times.
“Such appointment which is arising out of exceptional circumstances cannot be used as a ladder to climb up in seniority by claiming a higher post merely on the basis that he/she is eligible for such post,” it said. Justice Bindal said once the dependent of a deceased employee is offered employment on a compassionate basis, their right stands exercised.
“Thereafter, no question arises for seeking appointment to a higher post.
Otherwise, it would be a case of ‘endless compassion’,” he said.The bench said compassionate appointment is a relief against financial hardship caused by the sudden and unforeseen loss of the earning member of a family, and employment to the kin of the deceased is provided under such circumstances to ensure that the family members do not face impoverishment.SC: Recruitment for other posts governed by rules applicable for all The SC said recruitment for other posts are governed by rules and regulations which apply to all eligible candidates.
Thus, it would be impermissible to allow a person who has entered employment through compassionate grounds to bypass the process of recruitment and get promoted to a higher post, it said.“An applicant for the post on a compassionate basis may be eligible for any higher post, but that does not mean he has the right to be appointed on that post. This depends on the rules and the policy applicable and also the number of vacancies to be offered in that category. In fact, this is not an additional source of recruitment, rather an exception to the general rule of providing equal opportunities to all for recruitment in government jobs,” SC said.
