LexFERTILIZERS AND CHEMICALS TRAVANCORE LTD. & ORS versus ANUSREE K.B.
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A B C D E F G H 267 FERTILIZERS AND CHEMICALS TRAVANCORE LTD. & ORS. v. ANUSREE K.B. (Civil Appeal No. 6958 of 2022) SEPTEMBER 30, 2022 [M. R. SHAH AND KRISHNA MURARI, JJ.] Service Law – Compassionate Appointment – Application for, rejected – Writ petition – High Court directed appellants to re- consider appointment on compassionate grounds – Propriety – Held: Not proper – The whole object of granting compassionate employment is to enable the family of the deceased to tide over the sudden crisis – On facts, application for compassionate appointment was tendered 14 years after death of the employee concerned – Further, 24 years have lapsed since death of the employee – If such compassionate appointment is made now and/or after a period of 14/24 years, the same shall be against the object and purpose for which the appointment on compassionate ground is provided. Service Law – Compassionate appointment – Object and purpose of – Principles governing grant of appointments on compassionate ground – Discussed. Allowing the appeal, the Court HELD:1.1. Compassionate appointment is an exception to the general rule of appointment in the public services and is in favour of the dependents of a deceased dying in harness and leaving his family in penury and without any means of livelihood, and in such cases, out of pure humanitarian consideration taking into consideration the fact that unless some source of livelihood is provided, the family would not be able to make both ends meet, a provision is made in the rules to provide gainful employment to one of the dependants of the deceased who may be eligible for such employment. The whole object of granting compassionate employment is, thus, to enable the family to tide over the sudden crisis. The object is not to give such family a post much less a post held by the deceased. [Para 9][274-F-H] [2022] 7 S.C.R. 267 267 A B C D E F G H 268 SUPREME COURT REPORTS [2022] 7 S.C.R. 1.2. Considering the object and purpose for which the appointment on compassionate ground is provided, the respondent shall not be entitled to the appointment on compassionate ground on the death of her father, who died in the year 1995. After a period of 24 years from the death of the deceased employee, the respondent shall not be entitled to the appointment on compassionate ground. If such an appointment is made now and/or after a period of 14/24 years, the same shall be against the object and purpose for which the appointment on compassionate ground is provided. [Para 9.1][275-A-C] Director of Treasuries in Karnataka and Anr. v. V. Somyashree (2021) SCC Online SC 704 and State of Himachal Pradesh and Anr. v. Shashi Kumar (2019) 3 SCC 653 : [2019] 2 SCR 432 – relied on. N. C. Santhosh v. State of Karnataka (2020) 7 SCC 617 : [2020] 3 SCR 1177 and Govind Prakash Verma v. LIC (2005) 10 SCC 289 – referred to. Case Law Reference [2020] 3 SCR 1177 referred to Para 3 [2019] 2 SCR 432 relied on Para 8.1 (2005) 10 SCC 289 referred to Para 8.1 CIVIL APPELLATE JURISDICTION: Civil Appeal No. 6958 of 2022. From the Judgment and Order dated 31.03.2022 of the High Court of Kerala at Ernakulam in W.A. No.543 of 2021. Siddhartha Jha, Ms. Pracheta Kar, Aditya Sidhra, Nadeem Afroz, Advs. for the Appellants. Sanjay Parikh, Sr. Adv., Ms. Srishti Agnihotri, Adv. for the Respondent. A B C D E F G H 269 The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 31.03.2022 passed by the High Court of Kerala at Ernakulam in Writ Appeal No. 543 of 2021 by which the Division Bench of the High Court has dismissed the said writ appeal preferred by the appellants and has confirmed the judgment and order passed by the learned Single Judge directing the appellants to consider the case of the respondent herein for appointment on compassionate ground, the original appellants – Fertilizers and Chemicals Travancore Ltd. and Ors. have preferred the present appeal. 2. The facts leading to the present appeal in nutshell are as under:- 2.1 That father of the respondent was employed as a loading helper with the appellant No. 1 and expired while on duty on 19.04.1995. At the time of death of the employee, the wife of the deceased employee was serving and therefore, was not eligible for appointment on compassionate ground considering the scheme for employment of dependents of the employees dying in harness. After a period of 14 years, after the death of the deceased employee, t
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