Compassionate appointment is a humanitarian provision designed to offer immediate relief to the families of deceased employees who have died in harness. Its primary objective is to mitigate the sudden financial hardships faced by the bereaved family due to the loss of their breadwinner. However, the Gujarat High Court has recently underscored the sanctity of this provision, emphasizing that it should not be misused or treated as a means to secure employment irrespective of the family's actual financial condition.
In a notable case, the court addressed a petition where the petitioner sought a compassionate appointment for her son following the death of her husband, who was an employee at the Life Insurance Corporation (LIC). The petitioner contended that the family was in financial distress due to the loss of its sole earning member. However, upon scrutiny, it was revealed that the petitioner had not disclosed pertinent details regarding the family's financial status, including the employment of other family members.
Justice Nirzar Desai, presiding over the case, observed that the petitioner had suppressed material facts about the family's financial condition. The court noted that the petitioner’s sole aim appeared to be securing employment for her son under the guise of compassionate appointment, without providing a transparent account of the family's actual financial situation. This lack of candor was viewed seriously by the court, as it undermines the very essence of the compassionate appointment policy, which is intended to provide immediate succor to families genuinely in need.
The court highlighted that the compassionate appointment scheme is not an alternative pathway to employment but a specific provision to alleviate the sudden financial crisis resulting from the untimely death of an employee. It is an exception to the general rule of public employment, which mandates appointments based on merit and equal opportunity as enshrined in Articles 14 and 16 of the Constitution. Therefore, any attempt to exploit this provision without substantiating the claim with accurate financial disclosures defeats its noble purpose.
In its deliberation, the court acknowledged that while it had the discretion to impose a penalty for the suppression of facts, it refrained from doing so in this instance. The court reasoned that since the petitioner’s intent was to secure employment for her son, albeit through inappropriate means, imposing a financial penalty might not serve the ends of justice. However, the court sternly warned against such misuse of the compassionate appointment policy, emphasizing that transparency and honesty are paramount when seeking such appointments.
This judgment serves as a crucial reminder that the compassionate appointment policy is a benevolent scheme aimed at providing immediate relief to families plunged into financial distress due to the sudden demise of their earning member. It is not a mechanism to circumvent the standard employment procedures or to secure jobs for family members irrespective of their financial standing. The court's stance reinforces the need for applicants to present a truthful account of their financial condition, ensuring that the benefits of the compassionate appointment reach those who are truly in need.
In conclusion, the Gujarat High Court's decision underscores the sanctity of the compassionate appointment policy and its intended purpose. It sends a clear message that any attempt to misuse this provision, through the suppression of material facts or otherwise, will not be tolerated. Applicants are urged to approach such benevolent schemes with honesty and integrity, ensuring that the relief reaches the families who genuinely require support during their times of distress.
0 Comments
Thank you for your response. It will help us to improve in the future.