Khushi Gupta
Published on: May 24, 2022 at 20:22 IST
The Supreme Court recently observed that the applications for appointment on compassionate grounds must be considered and decided by the authorities at the earliest, but not beyond a period of six months from the date of submission of such completed applications.
A Division Bench of Justices MR Shah and BV Nagarathna observed, “The purpose of such appointments is to ensure financial support to the family of a deceased employee”.
“Considering the object and purpose of appointment on compassionate grounds, i.e., a family of a deceased employee may be placed in a position of financial hardship upon the untimely death of the employee while in service and the basis or policy is immediacy in rendering of financial assistance to the family of the deceased consequent upon his untimely death..”
“…the authorities must consider and decide such applications for appointment on compassionate grounds as per the policy prevalent, at the earliest, but not beyond a period of six months from the date of submission of such completed applications.” the Court said.
The Father of the Appellant, who was working as an Assistant Sub-Inspector in the Excise Department, passed away on January 2, 2010 while in service.
The Appellant applied for appointment as a Junior Clerk on compassionate ground under the Orissa Civil Service (Rehabilitation Assistance) Rules, 1990 in July 2010 since his mother was unable to undertake a Government Job due to her medical condition.
The application was not attended to by the Excise Department for five years. However, after five years, the Additional Secretary on September 9, 2016 asked the Collector to furnish a fresh report regarding the financial condition of the family of the deceased.
Aggrieved by the application being considered under the 2020 Rules and not under the 1990 Rules, the Appellant moved a Writ Petition before the Orissa High Court. The same was dismissed. Aggrieved, the Appellant moved the present appeal before the Supreme Court.
“If the object and purpose of appointment on compassionate grounds as envisaged under the relevant policies or the rules have to be achieved then it is just and necessary that such applications are considered well in time and not in a tardy way,” the Supreme Court observed.