The Supreme Court has held that death of a government employee in harness does not entitle the family to claim compassionate employment and the person seeking appointment must possess the eligibility for the post.
A bench of justices B S Chauhan and S A Bobde also said that the competent authority should examine the financial condition of family of the deceased and job should be offered to the eligible family member only if it is satisfied that they would not be able to cope up with the crisis.
"Mere death of a government employee in harness does not entitle the family to claim compassionate employment. " The competent authority has to examine the financial condition of the family of the deceased employee and it is only if it is satisfied that without providing employment, the family will not be able to meet the crisis, that a job is to be offered to the eligible member of the family.
More so, the person claiming such appointment must possess required eligibility for the post," it said. The bench allowed an appeal filed by MGB Gramin Bank which had challenged a 2010 judgement of the Rajasthan High Court by which one Chakrawarti Singh, son of a deceased Bank employee, was directed to be appointed under a scheme of compassionate employment.
Singh's father, who was working as a Class III employee with the Bank, had died on April 19, 2006 while in harness. Singh had applied for compassionate appointment on May 12, 2006. The bench set aside the judgements of the High Court, saying, "The reasoning given by the single judge as well as by the division bench is not sustainable in the eyes of law."
It also said that "an ameliorating relief should not be taken as opening an alternative mode of recruitment to public employment".
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