Qualification Prevailing On The Date Of Applying For Compassionate Appointment Is To Be Considered : Supreme Court

The Supreme Court observed that the qualification prevailing on the date of applying for compassionate appointment is to be considered and not the date on which the application for compassionate appointment is considered.

In this case, the Central Administrative Tribunal directed the Delhi Jal Board to consider the candidature of an applicant for the post of Lower Division Clerk (LDC). The High Court of Delhi dismissed the writ petition filed by the Board challenging this order of CAT and therefore it approached the Apex Court.

Before the Apex Court bench, it contended that the subsequent acquiring of the qualification for the post of LDC cannot be considered and the qualification prevailing when the application for compassionate appointment was made is required to be considered. On the other hand, the respondent contended that that the relevant date for considering the educational qualification shall be the date on which the application for compassionate appointment was considered and not the date on which the application for compassionate appointment was made.

The court noted that when the application for compassionate appointment was made, she was not graduate and the requisite qualification for appointment on the post of LDC was Graduation. While allowing the appeal, the bench observed:

"Once the application for compassionate appointment is made, the qualification which the applicant possess on the date of application is to be considered. Similarly, the submission on behalf of the respondent that for compassionate appointments, only the bar with respect to age shall be applicable and not with respect to educational qualification cannot be accepted. The compassionate appointment is required to be made on the post considering the educational qualification of the applicant on the date of application/dependant of the deceased employee. Therefore, in the facts and circumstances of the case, the department rightly appointed the respondent's daughter on the post of Assistant Meter Reader considering her qualification at the time of making the application for compassionate appointment."

Case details

Delhi Jal Board vs Nirmala Devi | 2022 LiveLaw (SC) 863 | CA 7047 OF 2022 | 19 October 2022 | Justices MR Shah and Krishna Murari

 Headnotes

Compassionate Appointment - Qualification prevailing on the date of applying for compassionate appointment is to be considered and not the date on which the application for compassionate appointment is considered. (Para 6-7)

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