Scheme For Appointing Heirs Of Employees On Their Retirement Is Unconstitutional : Supreme Court

The Supreme Court observed that appointment to the heirs of the employees on their retirement/ superannuation is violative of Articles 14 and 15 of Constitution of India

If such an appointment is permitted, in that case, outsiders shall never get an appointment and only the heirs of the employees on their superannuation and/or retirement shall get an appointment and those who are the outsiders shall never get an opportunity to get an appointment though they may be more meritorious and/or well educated and/or more qualified, the bench comprising Justices MR Shah and BV Nagarathna observed

In this case, an Industrial Court directed the Ahmednagar Mahanagar Palika to give appointment to the heirs of the employees on their retirement and/or superannuation. The direction was based on a settlement award between the Employees Union and the Mahanagar Palika in which one of the demand by the Union was that legal heirs of the employees must be employed on retirement. The Gujarat High Court dismissed the writ petition filed by Mahanagar Palika challenging this order.

Before the Apex Court, Advocate Suhas Kadam, who appeared for the appellant - Mahanagar Palika , contended that such a direction to give appointment to the heirs of the employees on their retirement/superannuation shall be hit by Article 14 of the Constitution of India and against the object of providing appointment on compassionate grounds. On the other hand, Advocate Iyer Shruti Gopal for the respondents contended that the appointment to the heirs of the employees on their superannuation and/or retirement cannot be said to be an appointment on compassionate grounds but it is called varas hakka and therefore any decision of this Court on compassionate appointment shall not be applicable to the facts of the case on hand.

The court noted that the employees of the Mahanagar Palika/Municipal Corporation are governed by the scheme of the State Government at par with the government employees, which does not provide for appointment on compassionate grounds to the heirs of the employees on their retirement and/or superannuation.

While allowing the appeal, the bench observed:

"Even otherwise, such an appointment to the heirs of the employees on their retirement and/or superannuation shall be contrary to the object and purpose of appointment on compassionate grounds and is hit by Article 14 of the Constitution of India. As observed and held by this Court in a catena of decisions, compassionate appointment shall always be treated as an exception to the normal method of recruitment. The appointment on compassionate grounds is provided upon the death of an employee in harness without any kind of security whatsoever. The appointment on compassionate grounds is not automatic and shall be subject to the strict scrutiny of various parameters including the financial position of the family, the economic dependence of the family upon the deceased employee and the avocation of the other members of the family. No one can claim to have a vested right for appointment on compassionate grounds. Therefore, appointment on compassionate grounds cannot be extended to the heirs of the employees on their superannuation and/or retirement. If such an appointment is permitted, in that case, outsiders shall never get an appointment and only the heirs of the employees on their superannuation and/or retirement shall get an appointment and those who are the outsiders shall never get an opportunity to get an appointment though they may be more meritorious and/or well educated and/or more qualified. Therefore, the submission on behalf of the respondent that the appointment is not on compassionate grounds but the same be called as varas hakka cannot be accepted. Even if the same be called as varas hakka the same is not supported by any scheme and even the same also can be said to be violative of Article 14 as well as Article 15 of the Constitution of India"

Case details

Ahmednagar Mahanagar Palika vs Ahmednagar Mahanagar Palika Kamgar Union | 2022 LiveLaw (SC) 739 | CA 5944 OF 2022 | 5 September 2022 | Justices MR Shah and BV Nagarathna 

Headnotes

Constitution of India, 1950 ; Articles 14,15 - Appointment to the heirs of the employees on their retirement and/or superannuation shall be contrary to the object and purpose of appointment on compassionate grounds and is hit by Article 14 of the Constitution of India - Appointment on compassionate grounds cannot be extended to the heirs of the employees on their superannuation and/or retirement - Appointment on compassionate grounds cannot be extended to the heirs of the employees on their superannuation and/or retirement. If such an appointment is permitted, in that case, outsiders shall never get an appointment and only the heirs of the employees on their superannuation and/or retirement shall get an appointment and those who are the outsiders shall never get an opportunity to get an appointment though they may be more meritorious and/or well educated and/or more qualified. (Para 8)

Compassionate Appointment - Appointment on compassionate grounds cannot be extended to the heirs of the employees on their superannuation and/or retirement. If such an appointment is permitted, in that case, outsiders shall never get an appointment and only the heirs of the employees on their superannuation and/or retirement shall get an appointment and those who are the outsiders shall never get an opportunity to get an appointment though they may be more meritorious and/or well educated and/or more qualified - Compassionate appointment shall always be treated as an exception to the normal method of recruitment. The appointment on compassionate grounds is provided upon the death of an employee in harness without any kind of security whatsoever. The appointment on compassionate grounds is not automatic and shall be subject to the strict scrutiny of various parameters including the financial position of the family, the economic dependence of the family upon the deceased employee and the avocation of the other members of the family. No one can claim to have a vested right for appointment on compassionate grounds.(Para 8)

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