Munmun Kaur-
Published On: December 22, 2021 at 14:06 IST
Supreme Court was hearing an Appeal filed by the Union Government against the Madras High Court which upheld the Central Administrative Tribunal (CAT) direction. The direction was to consider the compassionate appointment of the widow of a Sergeant in the Air Force, who had Died of cancer in 2008.
The Supreme Court held that compassionate employment is not a vested right. “Compassionate appointment is not a matter of right, but is to enable the family to tide over an immediate crisis which may result from the death of the employee,”
The Bench of Justice D.Y. Chandrachud and Justice A.S. Bopanna observed that the intention behind the compassionate employment scheme was to enable a bereaved family to deal with the financial crisis caused by the untimely Death of the breadwinner of the family while in service.
The Supreme Court observed that the Authorities are allowed to exercise their discretion for evaluating the financial position of the family.
The Bench also stated, “Undoubtedly, pension is not an act of bounty, but is towards the service which has been rendered by an employee. However, in evaluating a claim for compassionate appointment, it is open to the authorities to evaluate the financial position of the family upon the death while in service,”