On Compassionate Appointments : Supreme Court's View of March 2023

On Compassionate Appointments : Supreme Court's View of March 2023

An interesting Judgment was pronounced by Hon'ble Supreme Court on 3 March 2023.

It has been commented at page 21 and 22 of State of West Bengal v Debabrata Tiwari [2023] GCtR 543 (SC) thus : - 

"That a provision for compassionate appointment makes a departure from the general provisions providing for appointment to a post by following a particular procedure of recruitment. Since such a provision enables appointment being made without following the said procedure, it is in the nature of an exception to the general provisions and must be resorted to only in order to achieve the stated objectives, i.e., to enable the family of the deceased to get over the sudden financial crisis.

"Appointment on compassionate grounds is not a source of recruitment. The reason for making such a benevolent scheme by the State or the public sector undertaking is to see that the dependants 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"

"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."

"That compassionate appointment should be provided immediately to redeem the family in distress. It is improper to keep such a case pending for years."

"In 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."

Kindly note that full text Judgments of Hon'ble Supreme Court can be downloaded absolutely free of cost from the official website at the link https://main.sci.gov.in/judgments - Then entering the date of Judgment, for example, as 3 March 2023.

Written by 

Vishal

Delhi

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