Compassionate Appointment Is Always On Regular Pay-Scale, Not Consolidated Pay: Allahabad High Court

The Allahabad High Court has recently held that compassionate appointment is in the nature of permanent employment and has to be granted on the regular pay scale. Being an exception to the rule of equality under Article 14 of the Constitution of India, it cannot be temporary in nature.

Petitioner was initially appointed as a Class IV employee on a consolidated pay of Rs.2550/- per month in 2004 by the Deputy Basic Education Officer, Etah. Thereafter, in 2010, he was granted a regular pay scale.

The petitioner approached the District Basic Education Officer, Kasganj to treat his appointment on a regular-pay scale. However, in 2023, the Officer rejected the claim of the Petitioner to be appointed on a regular-pay scale from the initial date of appointment. In the rejection order, it was stated that the Petitioner is not entitled to a regular-pay scale from the initial date as he was granted a compassionate appointment on consolidated pay.

Counsel for Petitioner relied on various judgments where the Allahabad High Court had held that the compassionate appointment from the initial date of appointment shall be treated as a regular appointment.

Counsel for Respondent relied on the order issued by the Director, Basic Education, U.P. By which the Petitioner was granted a regular-pay scale. It was categorically stated that the order only provided for regular pay-scale from the date of issuance of the letter to this effect and not from the initial date of appointment.

Relying on the decision of the Allahabad High Court in Asif Kahn v. State of U.P. And Others, a bench comprising Justice Manjive Shukla held that since the compassionate appointment is granted to the dependent of the deceased to tide over the immediate financial crisis suffered by the family, it cannot be said be temporary appointment. If such an appointment is made temporarily, it would create uncertainty for the family of the deceased.

“The appointment under Dying in Harness Rules is always given to the dependent of the deceased government servant to overcome the instant financial crisis suffered by the family due to the demise of the government servant and therefore, the said appointment cannot be temporary in nature. The compassionate appointment has necessarily to be permanent as if the said appointment is made temporarily, there will be a threat to the family that any time the said appointment can be cancelled or services can be terminated, therefore, the family of the deceased government servant will never be in peace.”

The Court noted that initially the Petitioner was appointed on consolidated pay, and thereafter was appointed on the regular-pay scale. Accordingly, the Court directed that the Petitioner should be treated as appointed on a regular-pay scale from the date of initial appointment.

Case Title: Praveen Kumar vs. State of U.P. And 2 Others [Writ A No. 6719/2023]

Case Citation: 2023 LiveLaw (AB) 277

Counsel for Petitioner: Vibhu Rai , Dhananjai Rai

Counsel for Respondent: C.S.C., Shad Khan

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