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No job guarantee for deceased staffers’ kin sans policy: SC

NEW DELHI: The Supreme Court on Wednesday held that compassionate employment provisions are not vested rights but a relief measure aiming to alleviate a family’s sudden financial hardship following the death of a government employee. The judgment, by a bench comprising justices AS Oka, Ahsanuddin Amanullah and AG Masih, underscored that such appointments are strictly contingent on statutory policies and guidelines by the authorities concerned and cannot be pressed as an entitlement.

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“As regards the compassionate appointment being sought to be claimed as a vested right for appointment, suffice it to say that the said right is not a condition of service of an employee who dies in harness, which must be given to the dependent without any kind of scrutiny or undertaking a process of selection,” said the bench.

Instead, the court emphasised, they are extended under stringent scrutiny, with an intention to help a family out of a sudden pecuniary financial destitution to help it get out of the emerging urgent situation where the sole bread earner has expired, leaving them helpless and maybe penniless.

 “Compassionate appointment is therefore provided to bail out the family of the deceased employee facing extreme financial difficulty and but for the employment, the family will not be able to meet the crisis. This shall in any case be subject to the claimant fulfilling the requirements as laid down in the policy, instructions, or rules for such a compassionate appointment,” noted the bench.

The court made it clear that “in a case where there is no policy, instruction, or rule providing for an appointment on compassionate grounds, such an appointment cannot be granted.” This employment measure, the court held, serves as an exception to the general rule of merit-based appointments, reflecting the state’s obligation to assist in cases of sudden economic destitution due to the loss of a family’s sole breadwinner.

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