Compassionate Appointment
Object of
Service matter - Compassionate appointment – Object of - Is to enable the family to tide over the sudden crisis which arises due to the death of the sole breadwinner - The mere death of an employee in harness does not entitle his family to such source of livelihood - The authority concerned has to examine the financial condition of the family of the deceased, and it is only if it is satisfied that but for the provision of employment, the family will not be able to meet the crisis that the job is offered to the eligible member of the family.
2021 SCeJ 433
Lapse of reasonable period
Service matter - Compassionate appointment – Lapse of reasonable period - Compassionate employment cannot be granted after a lapse of reasonable period as the consideration of such employment is not a vested right which can be exercised at any time in the future - Compassionate appointment cannot be claimed or offered after a signficant lapse of time and after the crisis is over. 1994 SCeJ 002 followed .
2021 SCeJ 433
Is an exception to the general rule
It is well settled that appointment to public office is required to be made by strictly adhering to the mandatory requirement of the Constitution. Compassionate appointment is an exception to the general rule. Provision has been made in order to help the bereaving family immediately, who has lost its bread earner, to tide over the immediate crisis. Compassionate appointment is not a right but a concession. A government/public employment is not a hereditary office. Such provision has been made to provide immediate succor to the dependents of the deceased. Moreover, it is also well settled that the compassionate appointment cannot be claimed as a matter of right especially after a passage of time.
1994 SCeJ 002 Umesh Kumar Nagpal v. State of Haryana (1994) 4 SCC 138