Compassionate Appointment Cannot Be Extended To Heirs Of Employees On Superannuation Or Retirement: SC

The Supreme Court has held that appointment on compassionate grounds cannot be extended to the heirs of employees on their superannuation and/or their retirement.

"No one can claim to have a vested right for appointment on compassionate grounds. Therefore, appointment on compassionate grounds cannot be extended to the heirs of the employees on their superannuation and/or retirement.", the Bench of Justice MR Shah and Justice BV Nagarathna observed.

The Bench emphasized that such an appointment to the heirs of the employees on their retirement and/or superannuation shall be contrary to the object and purpose of appointment on compassionate grounds and violative of Article 14 of the Constitution.

"If such an appointment is permitted, in that case, outsiders shall never get an appointment and only the heirs of the employees on their superannuation and/or retirement shall get an appointment and those who are the outsiders shall never get an opportunity to get an appointment though they may be more meritorious and/or well educated and/or more qualified.", the Bench noted.

The facts of the present case were that when the Municipal Council was in existence, it was agreed by the Municipal Council that the employees in Class-IV category (if they die before their retirement) in all departments, except Health Department, if they become invalid, or if they retire, their heirs will be given appointment in their place.

Consequently, the Industrial Court directed that the employees in Class-IV category, if they die before their retirement; if they become invalid, or if they retire, their heirs should be given appointment in their place.

Later the Industrial Court modified the earlier award and the compassionate appointment to the heirs of the employees on their superannuation/retirement was not provided and the compassionate appointment was provided only to the heirs of the deceased employees of Class-IV category.

Thereafter two other industrial disputes were raised by the Ahmednagar Mahanagar Palika Kamgar Union against the Municipal Corporation/Mahanagar Palika. One of the reliefs claimed was for employment for the legal heirs of retired employees. The Industrial Court directed Ahmednagar Mahanagar Palika to provide employment to the heirs of the employees on their retirement on attaining the age of superannuation.

Writ Petitions were filed against this decision but it came to be dismissed by the High Court.

Aggrieved, Ahmednagar Mahanagar Palika, approached Supreme Court.

Advocate Suhas Kadam, appeared on behalf of the Appellant – Ahmednagar Mahanagar Palika and Advocate Iyer Shruti Gopal, appeared on behalf of the Respondent – Union.

The Supreme Court observed that post-conversion of the Municipal Council to Municipal Corporation/Mahanagar Palika, the employees of the Mahanagar Palika/Municipal Corporation shall be governed by the scheme framed by the State Government and at par with the government employees.

"As per the recent decision of this Court in the case of Bheemesh alias Bheemappa (supra), the appointment on compassionate ground shall be as per the modified scheme. Therefore, the employees of the Mahanagar Palika/Municipal Corporation shall be governed by the scheme of the State Government at par with the government employees, which does not provide for appointment on compassionate grounds to the heirs of the employees on their retirement and/or superannuation.", the Court held.

The Court further emphasized that even otherwise such an appointment to the heirs of the employees on their retirement and/or superannuation shall be contrary to the object and purpose of appointment on compassionate grounds.

Therefore the Court set aside the Judgment passed by the Industrial Court and High Court in directing the Mahanagar Palika/ Municipal Corporation to give appointment to the heirs of the employees on their superannuation and/or retirement.

Cause Title- Ahmednagar Mahanagar Palika v. Ahmednagar Mahanagar Palika Kamgar Union

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