Compassionate job not a vested right, says SC

What is the news?

Supreme Court on hearing the appeal filed by the Union government said that compassionate employment is not a vested right. Earlier, the Madras High Court held to provide compassionate employment to the widow of the sergeant in IAF.

What is a compassionate job?

Compassionate Appointment is a social security scheme launched by the Government of India to grant appointment to a dependent family member on a compassionate basis when a Government servant dies while in service or retires on medical grounds. The Objective of the scheme is to provide immediate financial assistance to the family who is left in poverty and without any means to sustain their livelihood.

What is the procedure for compassionate employment?

The Welfare Officer in every Office/Department/Ministry shall meet the family of the government servant immediately after his death and assist them in getting a compassionate appointment.

First stage, the Applicant is called in person and asked to complete the required formalities.

Second Stage: A committee of 3 officers, 1 Chairman and 2 members of the rank of Director in the Ministry/Deputy Secretary considers the application for appointment on compassionate grounds in the light of instructions issued by the Department of Personnel and Training. If need be, the applicant is granted a personal hearing by the committee to understand better the facts of the case.

Last stage: The recommendation of the committee is to be placed before the competent authority for a decision. If the authority disagrees with the committee’s recommendation, then the case is referred to the next higher authority for a decision.

Also, The applicant i.e. the person appointed on compassionate grounds under the scheme should furnish an undertaking stating that she/he will maintain the other family members who were dependent on the income of the member of Armed forces/Government servant. The appointment of the applicant will be terminated if there is a failure to comply with the above condition.

What was the Supreme Court observation?

SC said that a compassionate employment scheme is not a matter of right but to help out the bereaved family overcome the financial crisis caused by the untimely death of a breadwinner while in service. So, while evaluating the claim for compassionate employment, authorities have the discretion to evaluate the financial condition of the family and decide accordingly.

Source: This post is based on the article “Compassionate job not a vested right, says SC” published in The Hindu on 22nd December 2021.