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“The petitioner, a minor student of Class XII, has lost both her parents and is presently under the guardianship of her maternal uncle. In such exceptional circumstances, while granting compassionate appointment to the stepmother, the competent authority was duty bound to ensure the safety, security, and future welfare of the petitioner.”
“The Resolution indicates pragmatism on the part of the Government in dealing with such case of compassionate appointment, in order to ensure that the family which has lost a bread earner, is extended financial support at the earliest.”
“The employer should take into consideration all relevant facts and circumstances available as to antecedents and keeping in view the objective criteria, while taking appropriate decision. Mere suppression does not mean that employer can arbitrarily terminate the services of employee.”
2025 SCC Vol. 5 Part 5: Explore the latest Supreme Court Cases on Administrative Law, Arbitration, Constitution, Income Tax, Criminal Law, Prevention of Money Laundering, and Service Law.
“Terminating the services of an employee appointed on compassionate grounds after 15 years, on the basis of ineligibility at the time of appointment, amounts to a travesty of justice, especially when no fraud or suppression of facts is alleged.”
Justice Vijay Bishnoi, known for his commitment to upholding constitutional principles and ensuring procedural fairness, took oath of office as Judge of Supreme Court of India in May 2025.
“The present issue is a classic example of the lethargic attitude of several bureaucrats. It appears that they have no concern towards the common man and poor litigants, who are approaching the Court for justice.”
A quick legal roundup to cover important stories from all High Courts this week.
“The only aim or intention of the petitioner was to get a compassionate appointment for her son in one way or the other, i.e., without disclosing the true and correct facts regarding the financial condition of her family.”
The Court held that the adopted daughter could not be denied compassionate appointment because of a school certificate that mentioned the names of the original parents and not the deceased employee, due to the non-presentation of a registered adoption deed for change of parents’ names in school records.
“Judicial decisions abound that in deciding a claim for appointment on compassionate grounds, the financial situation of the deceased employee’s family must be assessed. In a situation otherwise, the purpose of the scheme may be undermined; without this evaluation, any dependent of an employee who dies while in service might claim a right to employment as if it is heritable.”
“The petitioner has a right to be considered for compassionate appointment but cannot be granted relief in the terms that he has prayed. The relief would have to be suitably moulded to give effect to the petitioner’s rights, otherwise well founded”
“If a married son is eligible for compassionate appointment if he was dependent upon his father at the time of his death unless he had his own means of livelihood, then, there is no reason as to why a married daughter who is similarly placed, i.e., if she was dependent upon her father, should not be eligible for compassionate appointment under the aforesaid scheme.”
A quick legal roundup to cover important stories from all High Courts this week.
Considering the contention to read down R. 2(b)(ii) of Karnataka Civil Services (Appointment on Compassionate Grounds) (Amendment) Rules, 2021, the Court pointed out that who all can lay a claim for compassionate appointment, is a matter of public policy that falls within the domain of the lawmaker, and Courts being the legislature’s coordinate branch, cannot run a race of opinions.
The Court referred to Ahmednagar Mahanagar Palika v. Kamgar Union, (2022) 10 SCC 172, and State of West Bengal v. Debabrata Tiwari, 2023 SCC OnLine SC 219, wherein the Supreme Court held that the object of compassionate employment is to tide over a sudden crisis, and the application for grant of appointment on compassionate basis should not be considered after a prolonged delay; the sense of urgency should not be lost.
If 100% of the vacancies in a particular department is reserved only for women, then, the applications have to be forwarded to the District Collector or to the Personnel and Administrative Reforms Department as the case may be, to be considered under the general pool for being appointed in other suitable posts for compassionate appointment.
The Single Judge failed to consider that the writ petitioner was canvassing his age based on documentary evidence. Such documentary evidence of age was required to be assessed prior to directing the ossification test to be undertaken.
“Appointment under a compassionate scheme is not meant to be an alternate source of recruitment. It is essential to reach immediate succor to a bereaved family, as the sudden passing away of a government servant creates a financial vacuum and it is to lend a helping hand to the genuinely needed members of the bereaved family that an appointment is provided.”
The exclusion of one class of legitimate children from seeking compassionate appointment merely on the ground that the mother of the applicant was a plural wife of the deceased employee would fail to meet the test of a reasonable nexus with the objective sought to be achieved.