Supreme Court set aside the decision to provide jobs on compassionate grounds

The Supreme Court has observed that delay in appointment on compassionate grounds defeats the purpose of providing immediate help to the family of a deceased government servant. A bench of Justices MR Shah and Sanjiv Khanna set aside the orders of the Orissa High Court and the Central Administrative Tribunal to provide compassionate employment to the son of a deceased SAIL employee, citing delay in making the claim.

Delivering its verdict on a petition filed by Steel Authority of India Limited (SAIL) against the order of the High Court and the tribunal, the apex court observed that the delay in seeking a compassionate job or going to court is against the spirit of immediate help to the affected family. .

The Central Administrative Tribunal had directed SAIL to provide compassionate employment to the second son of its deceased employee. This direction of the tribunal was also upheld by the High Court. In this case, before the second son of the deceased employee, his eldest son had also approached SAIL officials in 1977 for a compassionate job. The employee died in the same year. His request was denied under the rules prevailing at that time.

The top court said, “Despite the above facts, application was made for the second time in 1996 for compassionate grounds. This time the application was given by the second son. It is unfortunate that despite a long gap of 19 years, the tribunal directed the petitioner SAIL to reconsider the matter and give compassionate employment to the second son, which was later upheld by the High Court. Setting aside the orders of the High Court and the tribunal, the apex court held that due to delay and negligence, the person was not eligible for appointment on compassionate grounds.