Appointment on compassionate ground concession, not a right: SC
New Delhi(PTI): Appointment on compassionate grounds is a concession not a right and the object of granting such employment is to enable the affected family to tide over a sudden crisis, the Supreme Court has said.
The apex court last week set aside the judgement of a division bench of the Kerala High Court, which confirmed the verdict of a single judge directing the Fertilisers and Chemicals Travancore Ltd and others to consider the case of a woman for appointment on compassionate grounds.
A bench of Justices M R Shah and Krishna Murari noted that the father of the woman was employed with Fertilisers and Chemicals Travancore Ltd and died while on duty in April 1995.
At the time of his death, it was noted, his wife was serving and therefore not eligible for appointment on compassionate grounds.
"After a period of 24 years from the death of the deceased employee, the respondent shall not be entitled to the appointment on compassionate ground," the bench said.
According to the law laid down by the apex court on appointment on compassionate grounds, equal opportunity for all government vacancies should be provided to all aspirants as mandated under Articles 14 and 16 of the Constitution.
Article 14 of the Constitution deals with equality before law and Article 16 with equality of opportunity in matters of public employment.
"However, appointment on the compassionate ground offered to a dependent of a deceased employee is an exception to the said norms. The compassionate ground is a concession and not a right," the bench said in its judgement delivered on September 30.
The apex court noted that when the employee died in 1995, his daughter was a minor. On attaining the age of majority, she made an application for an appointment on compassionate ground, the court said.
It also noted that after a period of around 14 years after his death, his daughter had submitted an application for an appointment on compassionate ground.
Referring to previous judgements of the top court, the bench said as per the law laid down, compassionate appointment is an exception to the general rule of appointment in the public services and is in favour of dependants of a person dying in harness and leaving his family in penury and without any means of livelihood.
In such cases, out of pure humanitarian consideration, a provision is made in the rules to provide gainful employment to one of the dependants of the deceased who may be eligible for such employment, the court said.
"The whole object of granting compassionate employment is, thus, to enable the family to tide over the sudden crisis. The object is not to give such family a post much less a post held by the deceased," the bench said.
Allowing the appeal filed by Fertilizers and Chemicals Travancore Ltd and others against the March this year verdict of the high court, the court said that if such an appointment is made now it shall be against the object and purpose for which the appointment on compassionate ground is provided.
Setting aside the high court judgement, it said both the single judge as well as the division bench had committed an error in directing the appellants to reconsider her case for appointment on compassionate ground.
The bench noted that her application for compassionate appointment was rejected in February 2018 on the grounds that her name was not in the list of dependants submitted by the deceased employee and that the policy was to give employment to the widow or son or unmarried daughter of the employee.
It also noted that in December 2019, the appellants had again rejected her application for appointment on compassionate ground on the grounds that 24 years had lapsed since the death of the employee. It also did not meet the primary test of scheme that the deceased employee should be the "sole bread winner of his family" since his wife was gainfully employed with the Kerala State Health Services Department at the time of his death, the bench said.
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Sujit Nair raises concerns over speculation of DMK-AIADMK understanding to block TVK
Chennai: Journalist and political commentator Sujit Nair has expressed concern over speculation that the Dravida Munnetra Kazhagam and the All India Anna Dravida Munnetra Kazhagam could explore a post-poll understanding to prevent Vijay-led Tamilaga Vettri Kazhagam from forming the government in Tamil Nadu.
In a social media post, Sujit Nair said the election verdict in Tamil Nadu reflected a clear public demand for political change and argued that the mandate should be respected irrespective of political preferences.
Referring to reports and political discussions surrounding a possible understanding between the DMK and AIADMK, he said he hoped such developments remained only speculative conversations and did not turn into reality.
Nair stated that if such an alliance were to take shape, it would raise serious questions about ideological politics in the country. He said TVK had emerged through a democratic electoral process and that the legitimacy to govern in a parliamentary democracy comes from the people’s verdict.
According to him, attempts to prevent an electoral winner from forming the government through unexpected political arrangements may be constitutionally valid, but many people could view them as politically opportunistic.
He further said that such a move could particularly affect the political image of the DMK, which has historically projected itself around ideology, social justice and opposition politics. Nair said that in ideological terms, the DMK appeared closer to TVK than to the AIADMK, and joining hands with its long-time political rival only to remain in power could weaken its broader political narrative.
He added that the same questions would apply to the AIADMK as well, as the party had spent decades positioning itself against the DMK and such an arrangement could create discomfort among its cadre and supporters.
Drawing a comparison with Maharashtra politics in 2019, Nair said he had expressed similar views when the Shiv Sena formed an alliance with the Indian National Congress and the Nationalist Congress Party after the Assembly elections.
He said post-poll alliances between long-standing political rivals often create a public perception that ideology and electoral mandates become secondary when political power equations come into play.
Nair also said such developments increase public cynicism towards politics and reinforce the belief among voters that ideology is often sidelined after elections.
He maintained that the Tamil Nadu verdict was emphatic and said respecting both the spirit and substance of the mandate was important for the credibility of democratic politics.
