Case Note & Summary
The dispute arose from a second appeal filed by the State of Gujarat challenging the lower appellate court's decree directing compassionate appointment for the respondent, Sujatha Chandrasekhar Pillai. The respondent's mother, a staff nurse, died in harness in 1987 when the respondent was a minor. Upon attaining majority, the respondent applied for compassionate appointment in 1999, which was rejected, leading to a civil suit. The trial court dismissed the suit, citing that the respondent's father was in government service and she received family pension, negating financial distress. The lower appellate court reversed this, decreeing the suit and ordering appointment within three months. The State appealed, arguing that compassionate appointment is an exception requiring financial hardship, which was absent here, and that the latest Government Resolution was not considered. The respondent countered that her father's remarriage forced her to live separately, relying on family pension, and she applied promptly upon majority. The High Court analyzed the issue under Section 100 of the Code of Civil Procedure, 1908, referencing substantial questions of law on entitlement under the Government Resolution. The court reviewed judicial precedents, emphasizing that compassionate appointment is a humanitarian exception to public employment rules, intended to alleviate sudden financial crisis, not a vested right. It must be evaluated based on family financial condition and facts. The court found the lower appellate court's decision aligned with these principles, considering the respondent's circumstances, including her minority at the time of death and application upon majority. The appeal was dismissed, upholding the decree for compassionate appointment, as the factual matrix supported the need for succour, and the objections based on father's service and pension did not outweigh the humanitarian grounds in this case.
Headnote
A) Employment Law - Compassionate Appointment - Exception to General Rule of Public Employment - Code of Civil Procedure, 1908, Section 100 - The appeal challenged the lower appellate court's decree directing compassionate appointment for the plaintiff, a minor at the time of her mother's death who applied after attaining majority - The High Court held that compassionate appointment is an exception to the general rule of equality in public employment, intended to provide succour to the family in distress, and is not a vested right or alternative mode of recruitment - The court dismissed the appeal, upholding the lower appellate court's decision based on the factual matrix and judicial precedents (Paras 1-13). B) Employment Law - Compassionate Appointment - Financial Condition and Factual Evaluation - Government Resolution on Compassionate Appointment - The appellants argued that the plaintiff's father was in government service and she received family pension, negating the need for compassionate appointment - The respondent contended that the father's remarriage forced her to live separately and survive on family pension, which is not sufficient income - The High Court evaluated the facts, noting the plaintiff's application upon attaining majority and the family's circumstances, and held that the lower appellate court rightly considered the issue of compassionate appointment based on the factual aspects (Paras 4-9). C) Employment Law - Compassionate Appointment - Judicial Precedents and Principles - Various Supreme Court Cases - The High Court referred to judicial precedents including Canara Bank v. Ajithkumar G.K., Haryana State Electricity Board v. Hakim Singh, and Union of India v. Amrita Sinha, which establish that compassionate appointment is a humanitarian exception, not a vested right, and must be based on the financial condition of the family to prevent penury - The court applied these principles to the case, emphasizing that the object is to redeem the family in distress immediately, not to provide endless compassion (Paras 8-9).
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Issue of Consideration: Whether the respondent plaintiff is entitled to appointment on compassionate grounds under the latest Government Resolution, considering she was a minor at the time of her mother's death, applied after attaining majority, and her father was in government service; whether the lower appellate court's judgment is in consonance with the latest Government Resolution
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Final Decision
The High Court dismissed the second appeal, upholding the lower appellate court's judgment and decree dated 28.01.2005, which directed that the plaintiff be appointed on compassionate ground within three months
