Appointment on compassionate ground concession not a right: SC

The apex court last week set aside the judgement of a division bench of the Kerala High Court, which confirmed the verdict of a single judge directing the Fertilisers and Chemicals Travancore Ltd and others to consider the case of a woman for appointment on compassionate ground.

New Delhi: Appointment on compassionate ground is a concession not a right and the object of granting such employment is to enable the affected family to tide over a sudden crisis, the Supreme Court has said.

A bench of Justices M R Shah and Krishna Murari noted that the father of the woman was employed with Fertilisers and Chemicals Travancore Ltd and died while on duty in April 1995.

At the time of his death, it noted, his wife was serving and therefore not eligible for appointment on compassionate ground.

“After a period of 24 years from the death of the deceased employee, the respondent shall not be entitled to the appointment on compassionate ground,” the bench said.

According to the law laid down by the apex court on appointment on compassionate ground, equal opportunity for all government vacancies should be provided to all aspirants as mandated under Articles 14 and 16 of the Constitution.

Article 14 of the Constitution deals with equality before law and Article 16 with equality of opportunity in matters of public employment.

“However, appointment on compassionate ground offered to a dependent of a deceased employee is an exception to the said norms. The compassionate ground is a concession and not a right,” the bench said in its judgement delivered on September 30.

The apex court noted that when the employee had died in 1995, his daughter was a minor. On attaining the age of majority, she made an application for appointment on compassionate ground, the court said.

It also noted that after a period of around 14 years after his death, his daughter had submitted an application for appointment on compassionate ground.

The Gulf Indians