Compassionate Appointment Can't Be Misused On Ground That Already Employed Family Member Is Financially Unsupportive: Chattisgarh HC

Referring to the compassionate appointment scheme, which was relied on by the deceased's wife on the ground that it provided no bar for considering compassionate appointment to dependent if there is already an earning member, a division bench Chief Justice Ramesh Sinha and Justice Arvind Kumar Verma, held,

“In the scheme, it is rightly taken into consideration that the object of granting compassionate appointment is only to enable the family to tide over the sudden financial crisis. To seek the employment for one of the members in the family, the scheme further stipulates that extreme caution has to be observed that in no case, compassionate appointment is circumvented and misused by putting such ground that the member of the family already employed is not supporting the family.”

Background

The appellant's husband worked as Daftari in Punjab National Bank. Post his demise, the appellant wife sought compassionate appointment before the concerned authority which was rejected on the ground that the family was financially stable and they were not indigent. Aggrieved, the appellants–wife and son of deceased, filed a writ petition which was dismissed by the Single Judge on March 6, 2024 holding appellants are not facing with financial crises. Against this appeal was filed before division bench. 

It was the case of the wife that her younger son, despite drawing Rs.10,270 per month from government employment, was unable to extend financial help to the family, which left the appellant with only a monthly family pension of Rs. 15,573 after including the family pension and agricultural income and deducting bank interest on terminal dues. It was further submitted that there was a scheme existing— for compassionate appointment to dependent family members of a deceased employee wherein there was no bar for considering compassionate appointment to dependent if there is already an earning member. It was further argued that every bank had provisions for the dependent wife of an employee after their retirement or on demise during service tenure, to receive some sort of Family Pension.

Contrary to this, the respondents urged that the Single Judge had rightly dismissed the writ petition.

The Court reiterated that compassionate appointment, being an exception to the general rule, has to be granted only in warranting situations and circumstances and guiding factors should be the financial condition of the family. Finding no illegality in the single judge's order, the bench said:

“…it transpires that learned Single Judge has observed that the object underlying a provision for grant of compassionate employment is to enable the family of the deceased employee to tide over the sudden financial crisis due to the death of the bread-earner which has left the family in penury and without any means of livelihood. It has been also observed that, in a case where, for reasons of prolonged delay, either on the part of the applicant in claiming compassionate appointment or the authorities in deciding such claim, the sense of immediacy is diluted and lost. As a matter of fact, inheritance based on a line of succession which is contrary to the Constitution. Learned Single Judge also observed that in the instant case, the competent authority has examined the claim of the appellants and found that one of the members of the family is in government service and is getting monthly emoluments to the tune of Rs.10,270/-.Financial condition of the family and their liability even when there is an earning member in the family has also been considered.”

The Court held that the object of compassionate appointment is to aid a family during a financial crisis owing to the death of the earning member and accordingly dismissed the writ appeal.

Case Title: Smt. Dukhiya Bai v. Punjab National Bank

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