Dismisses Suit - Appointment On Compassionate Basis Is A Concession Not A Right – Supreme Court

07 May 2024 2:49 AM

By: Admin

"Appointment on compassionate basis is a concession and not a right... the criteria laid down in the Rules and Schemes applicable must be satisfied by all aspirants," Supreme Court.

In a significant ruling, the Supreme Court of India has set aside the judgment of the High Court of Punjab and Haryana and dismissed a suit seeking compassionate appointment. The judgment, delivered by a bench comprising Justices B.V. Nagarathna and Manoj Misra, emphasized the eligibility criteria for compassionate appointment and clarified that it is not a vested right but an exception to the general rule of recruitment.

The court stated, "Appointment on compassionate basis does not create any vested right... it is only when a candidate is covered under all clauses of the Scheme applicable at the relevant point of time that he/she could be considered for compassionate appointment."

The case involved Bank of Baroda and Baljit Singh, whose father, an employee of the bank, passed away while in service. Baljit Singh sought appointment on compassionate grounds, claiming that he fulfilled the criteria under the bank's scheme. However, the bank rejected his application based on his family's financial status.

The Supreme Court examined the scheme and observed that the family's income exceeded 60% of the total emoluments of Baljit Singh's deceased father, rendering him ineligible for compassionate appointment. The court criticized the High Court for not considering the factual details and solely relying on judgments in its decision.

Furthermore, the court highlighted that a direction by a High Court to consider cases for compassionate appointment outside the policy's terms is impermissible, as it would amount to rewriting the policy. It reiterated that eligibility for compassionate appointment must be in accordance with the applicable scheme, and the court cannot add or subtract from its terms.

Accordingly, the Supreme Court allowed the bank's appeal, setting aside the High Court's judgment, and dismissed Baljit Singh's suit seeking declaration and mandatory injunction. Each party was ordered to bear its own costs.

This judgment provides clarity on the eligibility criteria for compassionate appointment and reinforces the importance of adhering to the prevailing scheme. It reaffirms that compassionate appointment is an exception and not an absolute right, which must be considered within the framework of the applicable rules and regulations.

Date of Decision: June 21, 2023

BANK OF BARODA & ORS. vs BALJIT SINGH