The Chhattisgarh High Court held that compassionate appointment cannot be claimed as a matter of right merely because a government employee has died in harness. The Court observed that the primary purpose of compassionate appointment is to provide immediate financial relief to a family facing economic hardship due to the sudden loss of its earning member. Therefore, the existence of financial distress is the determining factor while considering such claims.
The case arose from a petition challenging the rejection of a request for compassionate appointment. The petitioner sought appointment on compassionate grounds following the death of a family member who had been serving as a government employee. The claim was examined by the competent authorities under the applicable policy governing compassionate appointments.
The authorities rejected the application after considering the financial condition of the family and other relevant circumstances. It was found that another member of the deceased employee’s family was already employed and earning a regular income. On that basis, the authorities concluded that the family was not facing such financial hardship as would justify the grant of compassionate appointment under the policy.
Aggrieved by the rejection, the petitioner approached the High Court contending that the authorities had failed to appreciate the circumstances of the family. It was argued that the death of the employee had adversely affected the family and that compassionate appointment ought to have been granted.
While examining the matter, the High Court considered the object and purpose of compassionate appointment schemes. The Court observed that such schemes constitute an exception to the general rule of public employment through open competition. Since compassionate appointment is an exception, it must be granted strictly in accordance with the governing rules and policy conditions.
The Court emphasized that the purpose of compassionate appointment is not to provide employment to every dependent of a deceased employee. Instead, the scheme is intended to assist families that are left in financial distress and require immediate support to overcome the crisis resulting from the employee’s death.
Referring to settled legal principles, the Court observed that compassionate appointment is designed to address sudden economic hardship and not to create a hereditary right to public employment. The Court stated that authorities must assess the financial condition of the family, including the availability of income from other sources, before deciding whether a claim deserves acceptance.
The High Court noted that in the present case, the competent authorities had considered the fact that another family member was already employed. This circumstance was found relevant while assessing whether the family was suffering from financial distress warranting compassionate appointment. The Court observed that the existence of a regular source of income within the family could legitimately be taken into account while evaluating eligibility under the scheme.
The judgment reiterated that the mere death of an employee does not automatically entitle dependents to compassionate appointment. What is required is proof that the family has been left in a condition of financial hardship and requires immediate assistance. The Court emphasized that the scheme must be applied in accordance with its intended purpose and not as a routine mechanism for providing employment.
Finding no illegality in the decision of the authorities, the High Court upheld the rejection of the petitioner’s claim. The Court concluded that the authorities had properly examined the financial condition of the family and had acted in accordance with the applicable policy. It held that in the absence of demonstrated financial distress, compassionate appointment could not be granted solely on the basis of the employee’s death. The judgment reaffirmed that financial hardship remains the central consideration in determining entitlement to compassionate appointment under service rules and government policies.
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