Compassionate Employment Can't Be Claimed Several Years After Employee's Death As Its Object Is To Help Family To Meet Sudden Crisis : Supreme Court
Live LawThe Supreme Court on India last week discussed the how compassionate appointment in public services is an exception to the general rule of appointments and how it flows out of pure humanitarian consideration. "Thus, as per the law laid down by this Court in the aforesaid decisions, 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, and 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. These pertinent observations came while the Bench was considering a civil appeal which challenged two orders of the Kerala High Court asking the appellant company to consider the respondent's application for compassionate appointment. Siddharth Jha, the counsel appearing for the appellants argued that the High Court shouldn't have entertained the respondent's petition seeking compassionate appointment. "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.