LexDIRECTOR GENERAL OF POSTS & ORS. versus K. CHANDRASHEKAR RAO
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[2012] 12 S.C.R. 795 DIRECTOR GENERAL OF POSTS & ORS. • v. K. CHANDRASHEKAR RAO (Civil Appeal No. 9049 of 2012 etc.) DECEMBER 13, 2012 [SWATANTER KUMAR AND SUDHANSU JYOTI MUKHOPADHAYA, JJ.] Service Law: Compassionate Appointment Scheme of 1998 - A c Candidates appointed in 2002 - Some of them found in excess of quota in January 2005, in terms of O.M. dated 16.5.2001, as clarified subsequently- Accordingly, notice for termination of their services issued - Held: From the Scheme and Office Memorandum, it is clear that, on the one hand, D Government had formulated a welfare scheme for compassionate. appointments, on the other, because of limitations of its financial resources it decided to take economic measures by reducing the extent of appointment by direct recruitment from the financial year 2001-2002- Both E these matters falling in the domain of the Government and being matters of policy, do not call for any judicial interference - However, the instructions which specifically dealt with compassionate appointments were issued by Office Memorandum dated 4-7-2002 - Office Memorandums dated F 16-05-2001and 04-07-2002 were expected to operate prospectively and thus the rights which had been settled could not be re-settled - There is some ambiguity created by issuance of Office Memorandums dated 16-05-2001 and 14- 06-2006 and the enforcement of the former by Office G Memorandum dated 04-07-2002 in relation to the implementation of Compassionate Appointment Scheme of 1998 - Thus, it is not only desirable but also necessary that 795 H 796 SUPREME COURT REPORTS [2012] 12 S.C.R. A the competent authority should issue comprehensive guidelines squarely covering the issue - However, the authorities cannot tamper with the existing rights of the appointees - Appointments of respondents will not be interfered with on the basis of 0. M. dated 04. 07. 2002 - Further 8 directions issued - Administrative Law - Policy decision - Judicial review. In terms of the Compassionate Appointment Scheme of 1998, issued by the Government of India, 69 names were approved on 13-15 of March, 2002 for C compassionate appointment to fill up 5% of the existing vacancies occurring in the years 2000, 2001 and 2002. On 06-08-2002, the respondent in C.A. No. 9049 of 2012 was communicated the approval of his name for appointment and he joined a Group D post on 22-08-2002. On 04-07- D 2002, the DoPT issued a clarificatory Memorandum that 5% quota for compassionate appointment was to be calculated not on the basis of the total vacancies, but on the basis of direct recruit~ent vacancies finally cleared by the Screening Committee in terms of DoPT Office E Memorandum dated 16-05-2001, according to which direct recruitment was not to exceed 1% of total strength of the department. On 12-01-2005, it was noticed that out of the candidates whose names had been cleared for compassionate appointment on 13-15 of March, 2002, F names 48 such appointees were in excess of quota and, as all such candidates were still temporary, a notice under r. 5 of the Central Civil Services (Temporary Services) Rules, 1965 was issued terminating their services. The appointees, including the respondent, G approached the Central Administrative Tribunal, which upheld their appointments. The High Court having upheld the order of the Tribunal, the department filed the appeals. Dismissing the appeals, the Court H HELD: 1.1. The Ministry of Personnel, Public DIRECTOR GENERAL OF POSTS & ORS. v. 797 K. CHANDRASHEKAR RAO Grievances and Pension, Government of India had issued A a circular on 09-10-1998 declaring its policy in the form of a Scheme for Compassionate appointment under the Central Government. The compassionate appointments can be made upto a maximum of 5% of vacancies falling under direct recruitment quota in any group 'C' or 'D' B post. The appointing authority may hold back upto 5% of the vacancies in the aforesaid categories to be filled by direct recruitment through Staff Selection Commission or otherwise so as to fill such vacancies by appointment on compassionate grounds. The Scheme of 1998 for c compassionate appointment is a welfare activity carried out by the Government of India. It is a benevolent and a voluntary act of generosity on the part of the State. The generosity once extended in the form of exercise of a subordinate legislative power by formulating the said 0 Scheme, wi
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