CG High Court: Delivering a significant verdict in a case concerning compassionate appointment, the Chhattisgarh High Court clarified that if a family member of a deceased government employee is already employed in government service, another dependent cannot be granted the benefit of compassionate appointment. The Court stated that the objective of compassionate appointment is not merely to provide employment, but to offer relief to the family from the sudden financial crisis arising after the employee’s death.
What the High Court Ruled
In its order, the High Court stated that compassionate appointment is neither a fundamental nor a statutory right of an individual. It is a special form of relief granted solely under the government’s prescribed policies and rules. If the family’s financial condition is already stable and a family member holds a government job, the very purpose of compassionate appointment ceases to exist.
Financial Crisis: The Basis for Compassionate Appointment
The Court clarified that the primary objective of compassionate appointment is to provide immediate financial assistance to the deceased employee’s dependent family. If the family already possesses a means of livelihood—such as a regular income or a government job—there is no justification for granting employment to another member on this ground.
Benefits Granted Only Within the Framework of Rules
The High Court observed that compassionate appointment cannot be considered a substitute for the standard recruitment process. It is entirely subject to the state government’s policy, eligibility criteria, and stipulated conditions. Therefore, a claim for employment cannot be made solely on the grounds of the employee’s death.
