THE STATE OF WEST BENGAL versus DEBABRATA TIWARI & ORS. ETC. ETC.

Citation: [2023] 2 S.C.R. 611 · Decided: 03-03-2023 · Supreme Court of India · Bench: KRISHNA MURARI · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · cites 7 · see the full citation network in Lexace

Judgment (excerpt)

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THE STATE OF WEST BENGAL
v.
DEBABRATA TIWARI & ORS. ETC. ETC.
(Civil Appeal Nos. 8842-8855 of 2022)
MARCH 03, 2023
[KRISHNA MURARI AND B. V. NAGARATHNA, JJ.]
Service Law – Compassionate Appointment – Held: Existence
of a policy issued by the State Government is a sine qua non for
making appointments on compassionate basis – However, in the
present case, there was no policy existing to govern compassionate
appointment to posts under local authorities in the State of West
Bengal – Hence, in the absence of such a policy, compassionate
appointment cannot be granted to the respondents-heirs of the
deceased employees who worked in the concerned municipalities –
Further, the object for grant of compassionate employment is to
enable the family of the deceased employee to tide over the sudden
crisis due to the death of the bread-earner leaving the family in
penury and without any means of livelihood – Thus, operation of a
policy/scheme for compassionate appointment is founded on
considerations of immediacy – However, in the instant case, the
respondents approached the High Court only in the year 2015, after
a lapse of nearly ten years from the date of making the application
for compassionate appointment in 2005-2006 – Such delay would
disentitle the respondents to the discretionary relief u/Art.226 –
Entertaining a claim made in 2005-2006, in the year 2023, would
be of no avail because admittedly, the respondents have been able
to eke out a living even though they did not successfully get
appointed to the services of the Municipality on compassionate
grounds – Sense of immediacy in the matter of compassionate
appointment has been lost in the present case – Claim of the
respondents for appointments on compassionate grounds not fit to
be considered – West Bengal Regulation of Recruitment in State
Government Establishments and Establishments of Public
Undertakings, Statutory Bodies, Government Companies and Local
Authorities Act, 1999 – West Bengal Municipal, Employees’
(Recruitment) Rules, 2005 – Constitution of India – Article 226 –
Delay/Laches.
[2023] 2 S.C.R. 611
611
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SUPREME COURT REPORTS
[2023] 2 S.C.R.
Service Law – Compassionate appointment: Principles
enumerated.
Object and rationale behind scheme for – Discussed.
Determination of claims – Factors – Discussed.
Applications for – Manner in which dealt by State authorities,
reproached – Held: Delay on the part of the authorities of the State
to decide claims for compassionate appointment frustrates the very
object of a scheme of compassionate appointment – Government
officials are to act with a sense of utmost proactiveness and
immediacy while deciding claims of compassionate appointment to
ensure that the wholesome object of such a scheme is fulfilled.
Allowing the appeals, the Court
HELD: 1.1 A provision for compassionate appointment
makes a departure from the general provisions providing for
appointment to a post by following a particular procedure of
recruitment. Since such a provision enables appointment being
made without following the said procedure, it is in the nature of
an exception to the general provisions and must be resorted to
only in order to achieve the stated objectives, i.e., to enable the
family of the deceased to get over the sudden financial crisis.
Appointment on compassionate grounds is not a source of
recruitment. The reason for making such a benevolent scheme
by the State or the public sector undertaking is to see that the
dependants of the deceased are not deprived of the means of
livelihood. It only enables the family of the deceased to get over
the sudden financial crisis. Compassionate appointment is not a
vested right which can be exercised at any time in future.
Compassionate employment cannot be claimed or offered after a
lapse of time and after the crisis is over. That compassionate
appointment should be provided immediately to redeem the family
in distress. It is improper to keep such a case pending for years.
In determining as to whether the family is in financial crisis, all
relevant aspects must be borne in mind including the income of
the family, its liabilities, the terminal benefits if any, received by
the family, the age, dependency and marital status of its members,
together with the income from any other source. The object
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underlying a provision for grant of compassionate employment is
to enable the family of the deceased employee to tide over the
sudden crisis due to t

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