NEW DELHI: The Supreme Court directed government officials to act with a sense of "utmost proactiveness" while deciding claims for a job on the compassionate ground stating that death is a great leveller and the death of a breadwinner leaves a family in penury without any means of livelihood.
The top court said the object of a provision for the grant of compassionate employment is to enable the family of the deceased employee to tide over the sudden crisis due to the death of the bread-earner.
A bench of Justices Krishna Murari and BV Nagarathna allowed the appeal of the West Bengal government, against a verdict of the Calcutta High Court, which had ordered the grant of compassionate appointment to family members of municipal corporation employees who died in harness.
The apex court said there was no existing policy to govern compassionate appointment under local authorities in the state.
It said that even if it was assumed that there existed such a policy, it would be of no redeeming purpose to direct that the applications for appointment on compassionate grounds be considered and decided several years after they were filed.
The top court noted the applications for compassionate appointment were filed by the legal heirs of deceased employees in three municipal corporations-Burdwan, Ranaghat and Habra in 2005-2006 and nearly 17-18 years have passed since then.
The court noted that a deceased employee does not always leave behind valuable assets; he may at times leave behind poverty to be faced by the immediate members of his family.
It asked what should be done to ensure that the death of an individual does not mean economic death for his family.
"The State's obligation in this regard, confined to its employees who die in harness, has given rise to schemes and rules providing for the compassionate appointment of an eligible member of his family as an instance of providing immediate succour to such a family.
Support for such a provision has been derived from the provisions of Part IV of the Constitution of India, that is Article 39 of the Directive Principles of State Policy," the bench said.
Referring to the object of the scheme, the bench said it would be of no avail to grant compassionate appointment to the dependants of a deceased employee after the crisis, which arose on account of death of a breadwinner, has been overcome.
"Thus, there is also a compelling need to act with a sense of immediacy in matters concerning compassionate appointment because, on failure to do so, the object of the scheme of compassionate appointment would be frustrated," it said.
Justice Nagarathna, who penned the verdict on behalf of the bench, said where a long lapse of time has occurred since the date of death of the employee, the sense of immediacy for seeking compassionate appointment would cease to exist and lose its significance.
This, she said, would be a relevant circumstance that must weigh with the authorities in determining whether a case for grant of compassionate appointment has been made out for consideration.
She said the consideration which is absolutely necessary for entertaining a claim for compassionate appointment is that the family of the deceased employee would be unable to make two ends meet without one of the dependants of such an employee being employed on compassionate grounds.
"The financial condition of the family of the deceased, at the time of the death of the deceased, is the primary consideration that ought to guide the authorities' decision in the matter," she said.
"Government officials are to act with a sense of utmost pro-activeness and immediacy while deciding claims of compassionate appointment so as to ensure that the wholesome object of such a scheme is fulfilled," the apex court said.
It said it must sound a strong word of reproach directed at the authorities of the State about the manner in which the applications for compassionate appointment of hundreds of dependents have been dealt with.
"Much uncertainty looms around the scope, extent and beneficiaries of the various schemes formulated by the State for governing the compassionate appointment and therefore, the concerned authorities are unable/unwilling to positively decide claims for compassionate appointment.
This may have ultimately resulted in prejudice to the families of many government employees dying in harness," it said.
The Calcutta High Court had on September 30, 2019, passed a common verdict on multiple pleas and ordered the Director of Local Bodies, Burdwan Municipality and the authorities concerned in Ranaghat and Habra Municipalities to consider the applications of the legal heirs of deceased employees seeking appointment on compassionate grounds.