Compassionate Appointment

In the intricate tapestry of government service, the provision of compassionate appointments stands as a beacon of support for families navigating the challenging aftermath of a government servant’s demise. At its core, this initiative is designed to uphold the welfare and survival of the dependents left in the wake of sudden financial crises, offering them opportunities in C and D grade posts.

Unpacking Compassionate Appointments

Compassionate appointments are a cornerstone of the government’s commitment to provide employment to the dependents of a deceased government servant. This noble initiative extends beyond the conventional hiring processes, emphasizing the human aspect of an individual’s life and providing a safety net during times of distress.

Applicability and Eligibility Criteria

Compassionate appointments are applicable to the dependent family members of a government servant under the following circumstances:

• The government servant dies while in service, including death by suicide.
• Retirement or medical grounds under rule two of CCS rule 1957.
• Retirement on medical grounds under rule 38.

Dependent Family Members

The provision encompasses the following family members:

• Spouse
• Son 
• Daughter 
• Brother or sister in the case of unmarried government servants

Eligibility Requirements

To be eligible for a compassionate appointment, the family must meet the following criteria:

• Immediate need for financial assistance due to the dissolution of the family’s financial stability.
• The applicant should be eligible for the post under the recruitment rules.
• The minimum age limit for compassionate appointments is 18 years, with flexibility in the maximum age where necessary.

Navigating the Compassionate Appointment Process

The journey towards a compassionate appointment involves a meticulously structured process to ensure fairness and transparency.

Key Steps in the Process

• Application and Documentation: Initiate the process by submitting a comprehensive application along with the necessary documentation.
• Evaluation and Review: A dedicated committee reviews each case, considering the severity of the situation and the eligibility of the applicant.
• Decision and Offer: Based on the evaluation, a decision is made, and if approved, an offer of compassionate appointment is extended.

Addressing Special Cases: Missing Government Servants

Compassionate appointments also extend support to cases of missing government servants, subject to specific conditions:

• A request can be considered only after a lapse of at least 2 years from the date the government servant has been missing.
• An FIR must be lodged, the missing person must be untraceable, and the competent authority must deem the case genuine.
• Compassionate appointment in such cases is not an absolute right and is subject to fulfillment of all conditions, including the availability of a vacancy.

Undertakings and Legal Insights

• Undertaking for Family Maintenance: A compassionate appointee must provide an undertaking to maintain the family members or dependents of the deceased government servant. Neglecting this responsibility may lead to job termination.

The hon’ble Supreme Court observed, denying compassionate appointment to children born from the second wife of a deceased employee is violative of Articles 14 and 16(2)of the Constitution of India. 

• The Supreme Court’s judgement has laid down the following important principles in this regard:

(i) Only dependents of an employee dying in harness leaving his family in penury and without any means of livelihood can be appointed on compassionate ground.

(ii) The posts in Group ‘C’ and ‘D’ (formerly Class III and IV) are the lowest posts in non-manual and manual categories and hence they alone can be offered on compassionate grounds and no other post i.e. in the Group ‘A’ or Group ‘B’ category is expected or required to be given for this purpose as it is legally impermissible.

(iii) The whole object of granting compassionate appointment is to enable the family to tide over the sudden crisis and to relieve the family of the deceased from financial destitution and to help it get over the emergency.

(iv) Offering compassionate appointment as a matter of course irrespective of the financial condition of the family of the deceased or medically retired Government servant is legally impermissible.

(v) Neither the qualifications of the applicant (dependent family member) nor the post held by the deceased or medically retired Government servant is relevant. If the applicant finds it below his dignity to accept the post offered, he is free not to do so. The post is not offered to cater to his status but to see the family through the economic calamity.

(vi) Compassionate appointment cannot be granted after lapse of a reasonable period and it is not a vested right which can be exercised at any time in future.

(vii) Compassionate appointment cannot be offered by an individual functionary on an ad-hoc basis.

Recent Legal Developments

The legal landscape surrounding compassionate appointments has seen significant developments:

• Judicial Scrutiny: The Supreme Court’s judgment in Umesh Kumar Nagpal vs. State of Haryana and others establishes critical principles, emphasizing that compassionate appointments are meant to relieve families from financial destitution.
  
• Daughters’ Eligibility: Recent cases have clarified that daughters, irrespective of marital status, are eligible for compassionate appointments. The interpretation of ‘daughter’ has evolved, ensuring even divorced daughters are included under the ambit of this supportive provision.  

Conclusion

In conclusion, compassionate appointments serve as a vital lifeline for families facing the aftermath of a government servant’s demise. At [Your Government Department], we understand the profound impact of these appointments, not just as a legal provision but as a compassionate gesture that resonates with the ethos of support and empathy.

Written By – Adv. Pradhuymn Singh Shekhawat

FAQs

What is the limitation for a compassionate appointment?

Compassionate appointment in India has several limitations:

1. 5% cap: Compassionate appointments are limited to 5% of vacancies in any recruitment year.
2. Time limit: Generally, applications should be made within one year of the death or retirement on medical grounds of the government servant.
3. Age: The applicant must meet the prescribed age limits for the post.
4. One appointment per family: Only one member per family is eligible.
5. Dependency: The applicant must have been dependent on the deceased employee.
6. Vacancy availability: Appointments are subject to available vacancies.
7. Qualification: The applicant must meet the educational and skill requirements for the post.

Can a compassionate appointment be rejected?

Yes, a compassionate appointment can be rejected. Reasons for rejection may include:

1. Lack of vacancies in the department
2. Applicant not meeting eligibility criteria (age, qualifications)
3. Family’s financial condition not warranting appointment
4. Late application beyond the prescribed time limit
5. Misrepresentation or false information in the application
6. Multiple family members applying for the same position
7. Exceeding the 5% quota for compassionate appointments
8. Availability of other earning members in the family
9. Applicant already employed elsewhere
10. Non-compliance with government guidelines on compassionate appointments

The decision to reject must be based on valid grounds and communicated to the applicant.

What is the latest Supreme Court judgement on compassionate appointment?

The most recent significant Supreme Court judgment on compassionate appointment, as of my last update in April 2024, was in the case of State of Uttar Pradesh & Ors. vs. Preeti Srivastava (2022). The court emphasized that compassionate appointment is not a right but a concession. It ruled that such appointments should be made strictly according to government policy and only in genuine cases of hardship. The court stressed that the financial condition of the family should be the primary consideration, and that compassionate appointments cannot be claimed as a matter of right years after the death of the employee.

What are the documents required for a compassionate appointment?

Documents typically required for a compassionate appointment include:

1. Death certificate of the deceased government servant
2. Service records of the deceased employee
3. Legal heir certificate
4. Income certificate of the family
5. Educational qualification certificates of the applicant
6. Age proof of the applicant
7. Dependency certificate
8. No objection certificate from other family members
9. Affidavit stating the family’s financial condition
10. Medical certificate (in case of retirement on medical grounds)
11. Application form for compassionate appointment
12. Proof of relationship with the deceased employee

The exact requirements may vary depending on the specific government department and state regulations.

Can a compassionate appointment be terminated?

Yes, a compassionate appointment can be terminated. Reasons for termination may include:

1. Discovery of false information in the application
2. Failure to meet job performance standards
3. Misconduct or disciplinary issues
4. Violation of service rules
5. Improvement in family’s financial condition, negating the need for appointment
6. Non-compliance with conditions of appointment
7. Regularization of service not completed within stipulated time
8. Failure to acquire necessary qualifications within given timeframe
9. Abolition of the post