Who is eligible for compassionate appointment

Such an appointment can be given anywhere under the Government of India depending upon availability of a suitable vacancy meant for the purpose of compassionate appointment. While considering such belated requests it should, however, be kept in view that the concept of compassionate appointment is largely related to the need for immediate assistance to the family of the Government servant in order to relieve it from economic distress. The very fact that the family has been able to manage somehow all these years should normally be taken as adequate proof that the family had some dependable means of subsistence.

Therefore, examination of such cases would call for a great deal of circumspection. A widow appointed on compassionate grounds will be allowed to continue in service even after re-marriage. Cases of missing Government servants are also covered under the scheme for compassionate appointment subject to the following conditions The applicant should be called in person at the very first stage and advised in person about the requirements and formalities to be completed by him.

The committee may meet during the second week of every month to consider cases received during the previous month. The applicant may also be granted personal hearing by the committee, if necessary, for better appreciation of the facts of the case. When a person has been appointed on compassionate grounds to a particular post, the set of circumstances, which led to such appointment, should be deemed to have ceased to exist.

Therefore, An application for compassionate appointment should, however, not be rejected merely on the ground that the family of the Government servant has received the benefits under the various welfare schemes.

While considering a request for appointment on compassionate ground a balanced and objective assessment of the financial condition of the family has to be made taking into account its assets and liabilities including the benefits received under the various welfare schemes mentioned above and all other relevant factors such as the presence of an earning member, size of the family, ages of the children and the essential needs of the family, etc.

It should be made available to the person concerned if there is a vacancy meant for compassionate appointment and he or she is found eligible and suitable under the scheme. The ruling contained in the following judgements may also be kept in view while considering cases of compassionate appointment Ananta Rajeswara Rao [ 1 SCC ] has held that appointment on grounds of descent clearly violates Article 16 2 of the Constitution; but if the appointment is confined to the son or daughter or widow of the Government servant who died in harness and who needs immediate appointment on grounds of immediate need of assistance in the event of there being no other earning member in the family to supplement the loss of income from the bread winner to relieve the economic distress of the members of the family, it is unexceptionable.

The Rules of the compassionate appointment are framed to mitigate the immediate financial distress of the family due to the death of the provider in the family and provide solace in difficult times. Such an appointment is provided instantly to rescue the family in distress. A compassionate appointment is not to be mistaken as an alternative to the normal course of recruitment. There is no inherent right to seek compassionate appointment nor a dependent family member of the deceased government servant becomes automatically entitled to appointment; it is only a benefit provided by the State to overcome financial hardship.

This scheme goes a long way in providing a sense of security to the members of the armed forces and the government servants that if they suffer from any physical or mental infirmity or die during service; their family will be taken care of. LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities.

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