Compassionate Appointment - Policy Prevailing At The Time When Employee Died/Application Was Made Is Only To Be Considered : Supreme Court

Dismissing the special leave petition, the bench of Justices MR Shah and Aniruddha Bose also observed that, "It also cannot be disputed that the policy which was prevailing at the time when the deceased employee died/the application was made only is required to be considered."

Case Before Bombay High Court

Petitioner's (Seema Kausar) father Mohammed Nasiruddin was working as an Assistant Teacher from June 1, 1988 in a school run by Urdu Education Society. He died on July 7, 2013, due to heart attack.

Upon petitioner's mother's and siblings' consent, the petitioner sought a compassionate appointment for the post of Assistant Primary Teacher since the same was vacant, by approaching the High Court.

Kausar's petition was opposed by the Urdu Education Society on the ground that compassionate appointments could not be made when the family was having sufficient sources of income.

The Bombay High Court bench of Justices A. M. Dhavale And S. V. Gangapurwala while taking note of the fact that the compassionate appointments were governed by the Government Resolution dated December 31, 2002 and Schedule A of the Resolution disclosed the rules for such appointments, dismissed the writ on the ground that the family was financially sound and that petitioner as per the Rules was ineligible for being appointed on compassionate ground.

"No doubt that grant of such benefits by itself will not take away the right to claim an appointment on compassionate ground but if the family is not in financial crunches on account of receipt of huge amount of retiral benefits and on account of handsome family pension, the appointment on compassionate ground being discretionary cannot be given to such family which is not having financial crunches," High Court had observed while dismissing the petition.

Case Title: Seema Kausar v. The State Of Maharashtra & Ors.

Citation : LL 2021 SC 442

Also Read: No Inherent Right To Compassionate Appointment, Reiterates SC [Read Judgment]

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