Supreme Court Rules Compassionate Appointments Not a Right to Higher Posts

The Supreme Court ruled that while dependents of deceased employees can be eligible for compassionate appointments, they do not have a right to claim higher positions solely based on eligibility. Appointments on humanitarian grounds are exceptions to standard appointment procedures and should not be used to seek further promotions.

The Supreme Court has clarified that dependents of deceased employees, although eligible for compassionate appointments, are not entitled to higher posts as a right. This ruling was made by a bench of Justices Rajesh Bindal and Manmohan, who emphasized that such appointments arise from exceptional circumstances and should not become a means to climb the professional ladder.

The court passed this verdict in response to pleas by the Tamil Nadu administration against Madras High Court orders promoting two compassionate appointees from sweepers to junior assistants. The bench asserted that eligibility alone cannot justify claims for higher posts on a compassionate basis, pointing out that once a family member of a deceased is appointed, the compassionate purpose is served.

Reaffirming the principles of Articles 14 and 16 of the Constitution, the court highlighted that compassionate appointments are not a right but a concession, given to mitigate financial hardships from the loss of an earning family member. The ruling reiterates that no further claims for higher appointments should be entertained once the initial compassionate appointment is made.

(With inputs from agencies.)