Appointment On Compassionate Grounds An Exception Carved Out To General Rules For Recruitment To Public Services: Delhi HC

While upholding the decision of the respondents, a bench of Justice Manmohan Singh and Justice Saurabh Banerjee observed, “…that compassionate appointment is an exception to the rule that appointment should be made only on the basis of merit. The object of compassionate appointment is to enable a family of the deceased to tide over the crisis of financial destitution and to help it to get over the emergency”.

Advocate R.K. Saini appeared for the petitioner while Advocate Padampriya appeared for the respondent.

In the matter, pursuant to the sudden death of the husband of the petitioner who was working as a ‘Court Attendant’ in the Delhi High Court, the petitioner-wife sought a direction to the respondents to appoint her to a suitable Group-D post on compassionate grounds.

It was alleged by the petitioner that the impugned letter rejecting her application was passed in violation of principles of natural justice as it was a cryptic and non-reasoned order. Further, it was contended that the action of the respondents of rejecting the application of the petitioner was violative of Article 14 of the Constitution of India.

However, the respondents contended that the application was rejected, as there was no vacancy. It was argued that the application of the petitioner along with the three other representations were duly considered by the Committee for appointment by the High Court in its meeting held on May 13, 2022. The respondents further provided the minutes of the meeting stating that a total of 41 posts had already been filled by way of compassionate appointment, much above the quota of 31 seats (5% of 617 direct recruitment posts) available for appointment on compassionate grounds.

While relying on an array of judgments, the bench noted, “Consequently, it is well settled law that appointment on compassionate grounds is an exception carved out to the general rule that recruitment to public services is to be made in a transparent and accountable manner by providing opportunity to all eligible persons to compete and participate in the selection process”.