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  • No compassionate appointment if the period of crisis is over for the family of deceased employee: Rajasthan HC

    December 29, 2016

    The Rajasthan High Court held that appointment on compassionate grounds cannot be allowed if the period of crisis is over for the family of the deceased employee.

    In the present matter of Uco Bank and ors v. Devi Kishan Harijan, the bank was directed to reconsider the respondent’s case for compassionate appointment, in lieu of his father’s demise while working as a Class-IV employee at the Bank. The application was rejected by the Bank on the ground that the monthly income of the family was higher than 60% of the gross salary of the deceased employee, relying on the Bank’s scheme for compassionate appointments.

    When the matter was taken to the court for the first time the single judge bench had ordered the bank to reconsider its decision of appointment on the basis of the family income and also give due regard to the fact that the deceased was the sole bread winner for the family and had left behind a widow, five daughters and a son.

    The HC while setting aside the decision of the single judge bench stated that, the deceased had died 17 years ago which amounts to a reasonably long period of time and thus the time of crisis was over. Therefore, the appointment shall not be based on the condition of the family at the time of death of the employee but shall be based on the present conditions.

    Hence, in the present case the condition of the family was not found to be needy as required under the parameters of the scheme introduced by the bank for compassionate appointment. Thus, the High Court upheld the findings of the bank and refused any compassionate appointment in cases where the period of crisis was over.


    OUR TAKE

    The decision taken by the court is justified as the provisions for compassionate appointment were made only to support the family of the deceased in the time of need and not to pass on the job or post held by an employee. This decision shall further act as a benchmark to show that government jobs are not heritable material that could be easily passed on to the family.


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