Married Daughter Can't Be Said To Be Dependant On Mother For Compassionate Appointment: Supreme Court

A Bench of Justices MR Shah and Krishna Murari observed,

Even otherwise, the Court said that the respondent won't be entitled to appointment on compassionate ground that a number of years had passed from the death of the deceased employee.

The Court made this clarification while considering an appeal plea moved by the appellants challenging two orders of the Maharashtra Administrative Tribunal as well as the Bombay High Court asking the company to consider the respondent's application for job on compassionate grounds.

The father of the respondent was in the clerical cadre serving with the appellants. After his death, his wife, i.e., mother of the respondent was appointed on compassionate ground. However, she died while in service. Then the elder sister of the respondent namely Mrs. Sangita M. Thonge made application for seeking appointment on compassionate ground. The said application was rejected in 2011, on the ground that she cannot be given the appointment on compassionate ground as she is a married daughter.

Notably, the State Government issued a Circular, two years later which stated that employment was to be provided to one of the legal heirs and representatives of the deceased government servant on compassionate grounds.

After this, the respondent, another married daughter of the deceased employee applied for appointment on compassionate ground, which also came to be rejected.

The respondent filed an application before the Tribunal approximately after a period of two years from the rejection of her application for appointment on compassionate ground. The Tribunal allowed the said application and directed to consider the respondent's case for appointment on compassionate ground. The order passed by the Tribunal was then confirmed by the Bombay High Court. As a result, the appellants filed an appeal before the Top Court challenging both the orders.

While going through the case, the Top Court observed that compassionate appointment was introduced keeping in mind that a family would not be able to make both ends meet, considering the fact the sole bread-winner had died. Therefore, a provision is made to provide gainful employment to one of the dependants of the deceased who may be eligible for such employment. "The whole object of granting compassionate employment is, thus, to enable the family to tide over the sudden crisis. The object is not to give such family a post much less a post held by the deceased."

Observing this, the Court opined that the judgment and order passed by the Tribunal confirmed by the High Court directing the appellants to consider the case of the respondent for appointment on compassionate ground after a number of years, is unsustainable.

"Under the circumstances and in the facts and circumstances of the case narrated hereinabove, the Tribunal as well as the High Court have committed serious error in directing the appellants to appoint the respondent on compassionate ground. The judgment and order passed by the Tribunal confirmed by the High Court directing the appellants to consider the case of the respondent for appointment on compassionate ground after a number of years is unsustainable."