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Calcutta High Court · body

2016 DIGILAW 71 (CAL)

Ganga Sadhukhan v. Union of India

2016-01-20

SANJIB BANERJEE

body2016
JUDGMENT : The petitioners complain of the application of the second petitioner for an appointment on compassionate grounds, following the death of his father on December 20, 2012, not being disposed of despite the financial distress of the family. It is submitted on behalf of the respondents that the appropriate recommendation has been made by the local office and the matter is pending consideration in New Delhi. It is noticed that there is little appreciation across Government organisations, whether of the State or of the Union, as to compassionate appointments. To begin with, an appointment granted on compassionate grounds is an exception to the general rule that appointments shall be open to all eligible to apply therefor. Such exception to the rule of equality in Articles 14 and 16 of the Constitution may only be justified on the ground that it is for the purpose of taking care of the financial distress of the bereaved family upon the premature death of the breadwinner. Thus, if the very purpose of affording an appointment on compassionate grounds is to help the bereaved family to tide over the immediate financial crisis, it would not do to keep an application pending for months and years and consider the same after a lapse of three or four years or even later. An appointment given on compassionate grounds several years after the death of the concerned employee will no longer make such appointment conform to the basis on which the exception is carved out under Article 16 of the Constitution. Several organisations, including the Micro, Small and Medium Enterprises of the Union, seem to prepare lists of candidates who have applied and consider the candidature in turn several years after the death of the concerned employee. That makes an appointment on compassionate grounds a matter of right, which it is not. Indeed, judicial pronouncements have now established the legal position that an appointment on compassionate grounds would be justified only if the bereaved family is in pecuniary distress. Since the death of the concerned employee in this case was about three years back, the matter can still be pursued. In many cases applicants have lost out for no fault of theirs since the applications have been left pending for years together. Let this petition appear three weeks hence. Since the death of the concerned employee in this case was about three years back, the matter can still be pursued. In many cases applicants have lost out for no fault of theirs since the applications have been left pending for years together. Let this petition appear three weeks hence. The respondent authorities will file an affidavit through a senior functionary indicating the fate of the second petitioner’s application and indicating the pendency of the applications for compassionate appointments along with the dates of death of the concerned employee in each case. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.