Compassionate Appointment Not A Matter Of Right, It Is Provided To Enable Family To Tide Over An Immediate Crisis : Supreme Court

"Undoubtedly, pension is not an act of bounty, but is towards the service which has been rendered by an employee. However, in evaluating a claim for compassionate appointment, it is open to the authorities to evaluate the financial position of the family upon the death while in service", the Supreme Court has observed."Compassionate appointment is not a vested right. It is provided in order to enable a family to tide over a financial crisis caused by the death of its wage-earner while in service. If the scheme requires that the family pension must be taken into account in evaluating the merits of an application, it has to be followed...Compassionate appointment is not a matter of right, but is to enable the family to tide over an immediate crisis which may result from the death of the employee. If the policy of the government envisages that the family pension would be paid for a ten years after which it would have to be modified, it cannot be said that by taking into account the present pensionary payment, the authorities have considered an extraneous circumstance. The same criterion is applied even handedly to all applicants seeking compassionate appointment", the court has held.The bench of Justices D. Y. Chandrachud and A. S. Bopanna was hearing an appeal against April, 2018 judgment of the Division Bench of the High Court of Judicature at Madras, affirming the judgment and order of the Central Administrative Tribunal, directing the appellants to reconsider the claim of the respondent for appointment on compassionate grounds for a post corresponding to her qualifications against vacancies for 2014-15. The spouse of the respondent was holding the rank of Sargent in the Indian Air Force. During the course of his employment, he died due to cancer on 6 January 2008, leaving behind the respondent and two minor children. An application was filed by the respondent seeking compassionate appointment, but, it was rejected on 17 February 2011. A subsequent application which was filed on 11 February 2014 was also rejected on 16 June 2015 on the ground that the respondent had secured merit points which did not enable her to obtain compassionate appointment. The Union of India in the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) issued an OM2 on 9 October 1998 titled "Scheme of Compassionate Appointment under the Central Government". On 22 January 2010, the Government of India in the Ministry of Defence issued an OM4 titled "Scheme of Compassionate Appointment Relative Merit, Point and Revised Procedure for Selection". This was followed by another OM5 of the MoD dated 14 May 2010.Following the death of her husband, the respondent was in the receipt of a family pension in the amount of Rs 8,265 per month. The total terminal benefits which were paid to the respondent were in the amount of Rs 22,91,568. The case of the respondent for compassionate appointment was evaluated and merit points were assigned under various heads in terms of the procedure which was prescribed by the MoD. The respondent, however, submitted that the family pension at the above rate was payable from 7 January 2008 to 6 January 2018, after which the amount of pension would stand reduced to Rs 4,959 per month. On this basis, the respondent submitted before the Tribunal that she should have been awarded 16 merit points instead of 10 against the head of family pension. The Tribunal observed that the denial of compassionate appointment on the ground that the respondent was drawing a monthly pension of Rs 8,265 on the date of consideration of the case was not justifiable as pension is paid for the service rendered by a deceased employee. Moreover, the Tribunal noted that the quantum of pension would stand reduced with effect from 7 January 2018 to Rs 4,959 per month and since the deceased employee had died due to a terminal illness, the family "might be in debt" and "might have sold the property for his treatment", while, at the same time, observing that it was not going into those aspects. On this basis, the letter of rejection was quashed and the appellants were directed to reconsider the case. The High Court, while affirming the judgment of the Tribunal, has held that the authorities have erred in taking into account the family pension in the monthly income, since this was an ad hoc income earned by the respondent, instead of considering the regular pension which would be earned with effect from 7 January 2018."While assessing the rival submissions, it becomes necessary, at the outset, to consider the reasons which weighed with the Tribunal since it is the view of the Tribunal which has been held not to suffer from error by the High Court. Under the policy document, which embodies the Scheme for considering cases for compassionate appointment, points are awarded under diverse heads. The monthly pension which was payable to the respondent was required to be taken into account in the award of merit points. ...

Compassionate Appointment Not A Matter Of Right, It Is Provided To Enable Family To Tide Over An Immediate Crisis : Supreme Court

Mehal Jain

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