One of the prime reasons to take up a job in the defense force (or any other government job in general), despite the risks which accompany it, is the security of a government job. The person can be secured about not just his own tenure, but also his family in case of his death. Compassionate appointment refers to the appointment of a member of the family of the government servant to his post in case of his death during his tenure.
A recent case of this floated when the Chief Minister of Punjab, Captain Amarinder Singh announced a government job for a family member of Havildar Baljinder Singh, who had lost his life in the line of duty at Siachen in Ladakh. The CM had also announced financial assistance of 12 lakhs (INR) for the next kin of the martyred. Baljinder Singh had died at an altitude of 19000 ft. after being hit by an avalanche. The CM had expressed grief and extended his condolences to the family of the deceased soldier.
This provision was made in order to buttress the family of the government servant in case of his death during his tenure. This also ensures that the personnel is able to work without worrying about the future of his family in case of his death.Hon’ble Justice D.Y. Chandrachud once observed that compassionate appointment is “an exception to the general rule that appointment to any public post in the service of the state has to be made on the basis of principles which accord with articles 14 and 16 of the Constitution”.
However, the kin seeking such an appointment does not have a right to choose. He can only claim to be considered for a particular post and the terms are usually decided by the employer.The Hon’ble Supreme Court of India has reiterated on many instances that the policy of compassionate appointment is not a right, but a benefit held out by the state to rescue the family of an employee who died in harness, from penury. Also, there are long delays owing to the plethora of cases already pending before the government. The government tries to prioritize those families which are in more need than the others. As a result, many families are unable to avail the benefit of this policy for years.
Despite the arbitrariness, it still acts as a bastion to the bereaved families of the deceased public servant and gives them an opportunity to work in the field and give themselves a fresh start. Kins of soldiers martyred during their service can give immense contribution to the defense force.
For case specific advice, one can contact Top/Best/Expert Service Matter Lawyer Advocate taking up cases of Compassionate Appointment in courts like AFT Chandigarh Bench, CAT Tribunal Chandigarh, Punjab Haryana High Court, Punjab Education Tribunal etc.
This post is written by Prajjwal Gour. For more, dial 99888-17966.