Top Court refuses to appoint married daughter of deceased on compassionate grounds; says object is not to give family a post

Holding that the whole object of granting compassionate employment is to enable the family to tide over the sudden crisis and not to give such family a post much less a post held by the deceased, the Supreme Court on Friday refused to give compassionate appointment to a married daughter of a deceased employee.

Court added that compassionate ground is a concession and not a right.

"As per the law laid down by this Court in catena of decisions on the appointment on compassionate ground, for all the government vacancies equal opportunity should be provided to all aspirants as mandated under Articles 14 and 16 of the Constitution. However, appointment on compassionate ground offered to a dependent of a deceased employee is an exception to the said norms. The compassionate ground is a concession and not a right", observed a bench of Justices MR Shah and Krishna Murari.

In the case before Court, the second daughter of a deceased employee (father) in the Water Resources Department had approached court seeking compassionate employment.

Notably, the mother was provided compassionate employment after the father's death, but she too died in service in 2006.

Also, the elder daughter's application for compassionate employment was rejected way back in 2011 on the ground that she could not be given the appointment as she was a married daughter.

The second daughter, applied for appointment in 2013. The Tribunal directed the authorities to consider her case. The state of Maharashtra filed the instant appeal against such order.

Court observed that compassionate appointment is an exception to the general rule of appointment in the public services and is in favour of the dependents of a deceased dying in harness and leaving his family in penury and without any means of livelihood.

"....in such cases, out of pure humanitarian consideration taking into consideration the fact that unless some source of livelihood is provided, the family would not be able to make both ends meet, a provision is made in the rules to provide gainful employment to one of the dependants of the deceased who may be eligible for such employment. The whole object of granting compassionate employment is, thus, to enable the family to tide over the sudden crisis. The object is not to give such family a post much less a post held by the deceased", Court further remarked.

Applying the law laid down, the Top Court allowed the State's appeal while holding that,

".... to appoint the respondent now on compassionate ground shall be contrary to the object and purpose of appointment on compassionate ground. The respondent cannot be said to be dependent on the deceased employee, i.e., her mother. Even otherwise, she shall not be entitled to appointment on compassionate ground after a number of years from the death of the deceased employee."

Case Title: The State of Maharashtra and Anr. vs Ms. Madhuri Maruti Vidhate (Since after marriage Smt. Madhuri Santosh Koli)