Legal Heirs Can't Seek Compassionate Appointment When Major Penalty Imposed On Deceased Employee Remains On Record: Allahabad HC

The Allahabad High Court has held that legal heirs of a deceased employee are disqualified from seeking compassionate appointment when major penalty imposed remains in record at the time death and not where the major penalty though imposed, had adverse impact only for few years.

A major penalty (not specified) was imposed on the father of the petitioner for a period of 2 years. After the expiry of this period the petitioner's father was granted promotion to the post of Manager of Union of India, Branch Collectrate, District Mau, U.P. Thereafter, he was further promoted as Deputy Branch Head at Branch Amiliya, District Rewa (U.P.).

Upon his death, petitioner applied for compassionate appointment. However, the application was rejected on grounds of unsatisfactory service record of the deceased in terms of the Scheme of Appointment on Compassionate Grounds. Accordingly, petitioner approached the High Court arguing that in wake of the promotions granted to the deceased, the service cannot be said to be unsatisfactory.

Justice Ajay Bhanot in his order observed that in 2017 a modification was made to the Scheme of Appointment on Compassionate Grounds which stated, "Committee for Compassionate Appointment will be authorised to decline all requests for compassionate appointment/ex-gratia payment in cases where major penalty was imposed on the ex-employee while in service, and/or where disciplinary action which was pending at the time of death of the ex-employee would have resulted in imposition of major penalty". 

“The aforesaid disqualification will attach to an employee against whom major penalty was imposed and the remains in the record at the time of his death,” the court observed.

Holding that the adverse impact of major penalty imposed on petitioner's father did not continue after his promotion, the Court held that it could not have formed grounds for rejecting petitioner's application.

Accordingly, the Court set aside the order rejecting petitioner's application for compassionate appointment and directed the authorities to consider petitioner's application afresh.

Case Title: Saurabh Lal v. State Of U.P. And 3 Others [WRIT - A No. - 16327 of 2022]

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