Compassionate Appointments Not Intended As Windfall For Kin Of Deceased, Only Meant To Keep "Kitchen Fire Burning": Allahabad High Court

Recently, while dealing with a case of compassionate appointment, the Allahabad High Court observed that “compassionate ground appointments are not intended to create a windfall for the kin of the deceased. The employer is only required to assess the financial condition which keeps the kitchen fire burning.”This observation was made by Justice Ajay Bhanot in the context that financial conditions for grant of compassionate appointment have not been defined anywhere but has to be examined in light of the applicable law. The Court also observed that an "overliberal approach" cannot be adopted in grant of compassionate appointments as it will open the floodgates for such appointments and merit will take a backseat in appointment. “An unjustified generous approach in compassionate ground which is not consistent with the applicable service rules will confer benefit to underserving and ineligible candidates, and simultaneously deny the rights and lawful claims of eligible and meritorious candidates from getting appointment to government posts.” It held that compassionate appointments if granted as a matter of vested right will be against Articles 14, 15 and 16 of the Constitution of India. Petitioner's husband was a bank employee with last drawn gross salary of Rs. 1,18,800.14/-. After his death in 2022, petitioner applied for compassionate appointment. However, her application was rejected on grounds that monthly family income was not less than 75% of the last drawn gross salary of the deceased. The Court held that comprehensive recruitment process are laid out for appointments to public posts, government services and to various instrumentalities of the State which fall under Article 12 of the Constitution of India. Such recruitment process are in compliance of the scheme of Articles 14, 15 and 16 of the Constitution of India. It held that compassionate appointment is an exception to this constitutional scheme as the appointments under this scheme are not by an open and transparent process. “The appointments on compassionate ground passed the test of constitutional validity by a slender margin. The sole justification to make compassionate ground appointments is that the dependants of the deceased employee face unforeseen financial destitution after the death of the latter and need urgent succour. Compassionate appointments are provided to the family to immediately tide over the sudden financial crisis so caused by the death of the employee. This feature alone constituted the kin of a deceased employee into one class and on this sole footing the rationale of compassionate ground appointments was justified by Constitutional Courts.”The Court noted that Clause 5 of the Scheme for Compassionate Appointments of Payment of Ex gratia Financial Relief to dependants of deceased employees on Compassionate Grounds, 2022, which is for Bank employees, provides that family shall be entitled to compassionate appointment only if the family income from all sources is less that 50% of the last drawn Gross Salary of the deceased where the dependent family is survived by only the spouse and/or one child. In all other cases, it is to be less than 60% of the last drawn Gross Salary of the deceased. The Court observed that the aforesaid criteria is sound for determining financial hardship for grant of compassionate appointment. Noting the calculations made by the bank regarding the monthly income of the family, the Court held that the same was above 75% of the last drawn salary of the deceased and therefore, the family was not in financial hardship for grant of compassionate appointment. Accordingly, the writ petition was dismissed. Case Title: Chanchal Sonkar v. Chairman, State Bank Of India And 5 Others [WRIT - A No. - 1680 of 2025]Click Here To Read/Download Order

Compassionate Appointments Not Intended As Windfall For Kin Of Deceased, Only Meant To Keep "Kitchen Fire Burning": Allahabad High Court

Upasna Agrawal

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