Service Matters

Compassionate Appointment

What is compassionate appointment and how someone can get this appointment.

This question is relevant for those persons, whose father or mother died while in Government Service.

Government has made some provisions of appointment on compassionate grounds.

Eligibility for Compassionate Appointment

Now, the issue of eligibility for compassionate appointment arises because every post has some eligibility criteria.

(a) The first eligibility for the appointment is father’s death while in service. (b) And the second eligibility is individual applicant must be son or daughter of the deceased employee.

(c) The third eligibility is No Objection Certificate (NOC) from the most eligible legal heir, if they do not want to claim the appointment.

Thereafter, after receiving the applications, Department prepare merit list and offer the appointment to the most eligible candidates among all eligible candidates.

Advertisement Publication is not necessary to fill such vacancies reserved for the legal heirs of the deceased employees.

Appointment to Suitable Post

Now, the questions arise that against which post an individual candidate can apply on compassionate grounds.

The Object of this policy is to confer suitable post to the son or daughter of deceased employee.

It does not confer right to get appointment on the same post or higher post on which their father was serving.

Although there is some reservation in appointment, however, department confer such appointments upto 5 % of the total vacancies.

In the matter of State of UP & Ors versus Premlata, AIR 2021 SC 4984, the Hon’ble Supreme Court held that since the deceased employee was Class-IV employee. Department offered  appointment on class-IV post. Applicant cannot claim appointment on Compassionate Ground on post suitable to educational qualification or any other suitable class-III post.

Compassionate Appointment to Divorced Daughter

In the matter of Director of Treasuries in Karnataka Versus Somyashree, AIR 2021 SC 5620, the Hon’ble Supreme Court held that the applicant got divorce by mutual consent and applied on the very next day for compassionate appointment. Applicant not entitled to appointment as she got divorced only for the appointment.

Time Limit for Decision on Appointment

The question is very must relevant that how much time any department want to decide the application for appointment. Normally, administrative authorities pass suitable Order either rejecting the applicant or allowing the application for appointment.

Earlier also the High Court and Supreme Court have dealt such issue of non disposal of the application of the applicant.

In this regard the Court has held that the authorities must decide such application for appointment on compassionate grounds as per policy prevalent, at the earliest, but not beyond a period of six months from the data of submission of such completed applications.

Delay in applying for the Appointment

Sometimes, it is observed that son or daughter applied for the such appointment after inordinate delay from the death of the deceased employee.

They may quote the reasons that there were minor at the time of the death of the father. But, the Court does not accept such reasons as the object of this policy is to provide immediate financial help to family of deceased employee.    

Legal Remedy on Rejection of Compassionate Appointment

First of all after due formalities, the individual applicant should apply for the appointment, in case department rejects the application, then individual can approach to the Central Administrative Tribunal (CAT) or High Court as applicable in their case.

If anyone has been appointed without submission of NOC from the other most eligible legal heirs, He can be terminated in future, however there will be no termination without departmental enquiry, if he has completed probation period.