Appointments in the public services should be made strictly on the basis of open invitation of applications and merit. No other mode of appointment nor any other ways can be considered. Neither the Government nor the public authorities have the liberty to follow any other procedure or relax the qualifications laid down by the rules for the post. However, in the general rule there are some exceptions carved out in the interests of justice and to meet certain contingencies. One such exception is in favor of the dependents of an employee dying in harness and leaving his family in penury and without any means of livelihood.
Compassionate appointment can only be granted to a member of a family whose sole bread-winner dies whilst in harness. These appointments are to be made only to tide over emergent situations. The purpose of such appointments is not to replace the retired employee with the children/dependents of such an employee. Appointments with the State and in Public Sector have to be made only after the candidates participate in a selection process which is open to all candidates who are eligible to apply for the job.
The Object of Job on compassionate ground:
The whole object of granting compassionate employment is to enable the family to tide over the sudden crisis. The object is not to give a member of such family a post that was held by the deceased. The death of an employee simply does not entitle his family members a job at the same post. The Government or the public authority concerned has to examine the financial condition of the family of the deceased, and if it is satisfied, that the provision of employment,is to be offered to the eligible member of the family.
The posts in Classes III and IV are the lowest posts in non-manual and manual categories and hence they alone can be offered on compassionate grounds. The object being to relieve the family, of the financial destitution and to help it get over the emergency. The provision of employment in such lowest posts by making an exception to the rule is justifiable and valid since it is not discriminatory. The favorable treatment given to such dependent of the deceased employee in such posts has a rational nexus with the object sought to be achieved, viz., relief against destitution.
Job on Compassionate ground only for Class III and Class IV employee:
No other posts are expected or required to be given by the public authorities for the purpose. It must be remembered in this connection that as against the destitute family of the deceased there are millions of other families which are equally fit, if not more destitute. The exception to the rule made in favor of the family of the deceased employee is in consideration of the services rendered by him and the legitimate expectations, and the Change in the status and affairs, of the family engendered by the erstwhile employments which are suddenly upturned.
Compassionate ground is not meant for the purpose of giving a job for a job. It is only to tide over a situation which is created by the sudden demise of a public employee.
It is needless to emphasis that the provisions for compassionate employment have necessarily to be made by the rules or by the executive instructions issued by the Government or the public authority concerned. The employment cannot be offered by an individual functionary on an ad hoc basis.