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A Three Judge bench of Supreme Court pronounced that the compassionate appointments has to be in terms of the applicable policy as existing on the date of demise, unless a subsequent policy is made applicable retrospectively.
- The State of Madhya Pradesh filed an appeal in Supreme Court against the High Court judgment which had directed it to grant compassionate appointment to the son of an employee, who was working as a Driver in the Tribal Welfare Department.
- In its appeal, the State asserted that the employee in the Tribal Welfare Department was employed like a work-charged/contingency employee so, was consequently not entitled to the compassionate appointment according to the existing policy on the date of his demise.
Observation made by SC
The bench observed that:
It is trite to say that there cannot be any inherent right to compassionate appointment but rather, it is a right based on certain criteria, especially to provide succour to a needy family. This has to be in terms of the applicable policy as existing on the date of demise, unless a subsequent policy is made applicable retrospectively.
The claimant argued that his late father, because have worked for over 15 years was regarded as a permanent employee and the subsequent regularisation of his service.
The bench while considering this argument noted the difference between a work-charged employee, a permanent employee and a regular employee. The bench for this referred to the case of Ram Naresh Rawat v. Ashwini Ray & Ors., wherein it was observed that a ‘permanent’ classification doesn’t amount to regularisation. “We cannot ….make a conclusion that the status acquired is that of a regular employee upon having achieved the status of a permanent employee in service” said the bench.
The bench allowed the appeal, and took note of consequent circulars issued as well as raised power under Art 142 of the Indian Constitution to increase the Compassionate grant amount from Rs. 1,00,000/- to Rs. 2,00,000/-, owed to the claimant.
Case name: STATE OF MADHYA PRADESH vs. AMIT SHRIVAS
Case no.: CIVIL APPEAL NO. 8564 OF 2015
Coram: Justices Sanjay Kishan Kaul, Aniruddha Bose and Krishna Murari