In a case titled Iqbal Khan v. The State Of U.P. And 2 Others, the Allahabad High Court observed that there is no general or vested right to compassionate appointment.
The case, in brief, was that the claimant had already accepted the post of Lab Attendant that was offered to him in the name of a compassionate appointment. Four years later, he approached the Court stating that he has qualifications for the post of a Pharmacist and should be absorbed in that post.
The claim was at the outset rejected by the Single Bench of this Court on two grounds:-
1. he appointment for the post of Pharmacist is to be made through U.P. Subordinate Service Selection Commission which has been notified by the Commission for selection; and
2. The petitioner has otherwise acquiesced to his appointment for the post of Lab Attendant.
The matter went into appeal and the Division Bench while explaining the concept of Compassionate Employment referred to the case of Central Coalfields Limited Through its Chairman an Managing Director and Ors. Vs. Parden Oraon[1] where in it was observed that “9. … The application for compassionate appointment of the son was filed by the Respondent in the year 2013 which is more than 10 years after the Respondent’s husband had gone missing. As the object of compassionate appointment is for providing immediate succour to the family of a deceased employee, the Respondent’s son is not entitled for compassionate appointment after the passage of a long period of time since his father has gone missing.”
The Court further observed that Compassionate Employment is an exception to the rule of public employment, it’s a concession provided to the grieving family of the deceased to overcome the financial hardships due to sudden death of the breadwinner of the family. It is to support the family in urgent and immediate need, and cannot be claimed as a property of inheritance.
In State of U.P. Vs. Pankaj Kumar Vishnoi[2]. The Apex Court held that it is meant to provide minimum relief for meeting immediate hardship to save the bereaved family from sudden crisis due to death of sole bread winner.