Compassionate Appointment Policy Prevalent At The Time Of Employee's Death Applies, Not Subsequent One, Says Supreme Court

KEY TAKEAWAYS

The Apex court reaffirmed that the policy in effect at the time of the deceased employee’s death is required to be taken into consideration while considering appointment on compassionate ground not any subsequent schemes that came after the demise.

DETAILS

• In this case, the deceased employee died on 8-10-2015. He was working as a work charge employee before his death.
• At the time of his death the policy was that was prevalent was that in case of in case of death of the employee working on work charge, his dependents/heirs will not be entitled to the appointment on compassionate ground and were supposed torecieveRs. 2 lakhs as compensatory amount.
• However, on 31-08-2015 the policy was amended and the new policy said that even in the case of death of the work charge employee, his heirs/dependents will be entitled to the appointment on compassionate ground.
• A writ petition was filed by some dependents/ heirs of the employees in High court.
• The Division bench of the High Court held in favour of the respondents and ordered the appellants to consider the case of the respondent for appointment on compassionate ground.
• The apex court allowed the appeal and quashed the judgement by the division bench and observed that “As per the settled preposition of law laid down by this Court for appointment on compassionate ground, the policy prevalent at the time of death of the deceased employee only is required to be considered and not the subsequent policy.”
• The court citied the case of Indian Bank and Ors. Vs. Promila and Anr., (2020) 2 SCC 729 and the case of State of Madhya Pradesh and Ors. Vs. Amit Shrivas, (2020) 10 SCC 496 to hold that the claim for compassionate appointment must be decided solely on the basis of the scheme which is prevalent and in effect on the date the employee has died not any other policy after that.
• The court therefore, observed that the respondent shall not be entitled for appointment on compassionate grounds and that only 2 lakh rupees be paid to him.

QUESTIONS

• What is appointment on compassionate grounds?
• What is a writ petition?

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