Compassionate Appointment Cannot Be Sought as a Matter of Right: Karnataka High Court Rejects Plea for Specific Post Appointment

The High Court of Karnataka, in a significant judgment, has clarified the scope of compassionate appointments within government entities, asserting that such appointments cannot be demanded as a right, nor for a specific position.

The judgement revolved around the principle of compassionate appointments, a concept designed to alleviate immediate financial distress for the families of deceased government employees. The petitioners, family members of a deceased KSRTC employee, sought judicial intervention for the appointment of the second petitioner as Junior Engineer (Civil) on compassionate grounds, as per the scheme existing at the time of the employee's death in 2011.

The petitioners challenged the KSRTC’s decision, contending their entitlement under the scheme in place during the father’s demise. Despite being offered positions like Junior Assistant-cum-Data Entry Operator and Grade-III Security Guard, the son insisted on a specific post - Junior Engineer (Civil), which was rejected by KSRTC based on the prevailing policies.

Right to Compassionate Appointment: The court, presided over by Hon’ble Mr. Justice S.G. Pandit, emphasized that compassionate appointment is not a right, and particularly not a right to a specific post. The primary purpose is to alleviate financial hardships after the sudden demise of the breadwinner, and not to secure a particular position.

Change in Policy: The KSRTC had modified its policy, restricting compassionate appointments to certain posts only. Despite these changes, offers for other positions were made to the petitioner, which were declined.

Lack of Immediate Financial Distress: The court observed that the son's refusal to accept other positions and insistence on a specific post indicated a lack of immediate financial necessity, which is the essence of compassionate appointments.

Conclusion and Judgment: The court concluded that the petition lacked merit as the family had managed without the compassionate appointment for over a decade, and the petitioner’s insistence on a particular post was unjustified. Consequently, the writ petition was rejected.

Date of Decision: 28th February 2024

Smt K C Nagalambike & Anr vs The Managing Director, KSRTC & Anr