Supreme Court: Compassionate Appointment Cannot Override Rules

The Supreme Court of India has remarked that compassionate appointments are made on the principle of giving aid to the affected families after the death of a government employee. These appointments may, however, be exercised subject to certain rules and policies. They are time-bound and cannot be exercised after several years have elapsed.

Supreme Court’s Observations

To rationalise the procedure of compassionate appointment, the following purposes have been set:

1. Purpose of Compassionate Appointment

The court pointed out that such appointments are intended to address a short-term solvency crisis. The family must show that they cannot survive the crisis without employment.

2. Not a Vested Right

The bench continued that appointments made on compassionate grounds cannot be said to be vested rights and cannot be demanded after years and years.

Why Do Compassionate Appointments Have Term Limits?

The court also further explained that the main reason for such appointments is to give a temporary intervention to troubled families. Accepting claims after a long period would defeat the very spirit of the policy and bring in administrative anomalies.

Relief For The Petitioner’s Family

The consequences would be beneficial to the petitioner’s family in terms of the following relief;

Except in frivolous or scandalous cases, the court held that Tinku’s claim cannot be granted but his mother can proceed to recover a once-and-for-all payment for the tort as allowed in terms of the rules to afford some meagre consolation to the struggling family.

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