Khushi Bajpai
Published on: 25th July 2022 at 17:27 IST
The Delhi High Court has reiterated that an appointment on compassionate ground offered to the defendant of a deceased employee is a mere concession and not a right.
Justice Chandra Dhari Singh observed, “the whole object behind granting compassionate employment is to enable the family to tide over the sudden crisis. Appointment on compassionate ground offered to a defendant of a deceased employee is an exception to the said rule. It is a concession and not a right.”
The Court noted that the petition had, only after having opted for benefits under Rule 7(b)(ii)/8A of the HPCL Employee’s Superannuation Benefit Fund Scheme, approached respondent corporation seeking compassionate employment for her son. It was found that after waiving the other options as given her by the respondent corporation, she could not have sought to avail the benefit at a later stage.
The Court further held that, “The petition had availed the monetary benefits, under the scheme opted by her, to the tune of Rs. 58 lakhs. Having received such benefits, the family of the deceased service man would have survived and revived from the crisis that took upon them by surprise.”
“After the effects of such crisis mitigated by the reason of her opting the scheme under Rule 7(b)(ii)/8A the approach under the scheme of compassionate employment since the very purpose of the scheme was surpassed.”
Hence, as the petition is devoid of any issues, the Court dismissed the application filed by Petitioner.