Compassionate appointment after 24 years of employee's death against its object and purpose: Supreme Court
Court reiterated that appointment on compassionate ground offered to a dependent of a deceased employee is an exception to the norms.
The Supreme Court recently held that appointment on compassionate ground after a period of 24 years from the death of the deceased employee shall be against the object and purpose of such appointment.
Fertilizers and Chemicals Travancore Ltd. had approached the top court challenging an order of the division bench of Kerala High Court wherein the high court had directed the Company to consider the case of one Anusree KB for appointment on compassionate ground.
Anusree's father who was employed as a loading helper with the company and had expired while on duty in 1995.
Since she was a minor at that time and her mother was already employed, Anusree made a representation seeking appointment on compassionate basis after a period of 14 years from the death of her father.
Court noted that in the meantime, Anusree got married in the year 2013.
"It is also required to be noted that by the time, the learned Single Judge passed the order, which has been confirmed by the Division Bench, more than 24 years have passed after the death of the deceased employee. In light of the aforesaid facts and circumstances, it is required to be considered whether still the respondent shall be entitled to appointment on compassionate ground on the death of her father, who died in the year 1995?", a bench of Justices MR Shah and Krishna Murari said.
Applying the law laid down in a catena of decisions, the division bench was of the view that Anusree was not entitled to the appointment on compassionate ground on the death of her father, who died in the year 1995.
"After a period of 24 years from the death of the deceased employee, the respondent shall not be entitled to the appointment on compassionate ground. If such an appointment is made now and/or after a period of 14/24 years, the same shall be against the object and purpose for which the appointment on compassionate ground is provided", Court held while allowing the appeal filed by Fertilizers and Chemicals Travancore Ltd.
Case Title: Fertilizers and Chemicals Travancore Ltd. & Ors. vs. Anusree KB