UNION OF INDIA Vs SHASHANK GOSWAMI
Bench: B.S. CHAUHAN,DIPAK MISRA
Case number: C.A. No.-006224-006224 / 2008
Diary number: 27682 / 2006
Advocates: D. S. MAHRA Vs
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(s). 6224 OF 2008
UNION OF INDIA & ANR. Appellant (s)
VERSUS
SHASHANK GOSWAMI & ANR. Respondent(s)
ORDER
1. This appeal has been preferred against the impugned
judgment and order dated 23.5.2006 passed by the High Court of
Judicature at Allahabad in C.M.W.P. No.28535 of 2006 directing
the appellants herein to reconsider application of respondent no.1
on compassionate grounds.
2. Facts and circumstances giving rise to this appeal are that
one Anand Kishore Gautam working as Senior Accountant in the
office of the Accountant General, Allahabad died on 19.3.2001 in
harness, leaving behind two sons aged about 20 and 19 years and a
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daughter, aged about 17 years and Smt. Rashmi Gautam, his
widow.
3. Respondent No. 1 filed an application for appointment on
compassionate grounds, which came to be rejected by the
appellants on 28.1.2004 in view of the prevailing scheme for
appointments on compassionate grounds. Under the scheme,
vacancies could be filled up on compassionate grounds only upto
5% of the cadre strength falling under direct recruitment quota
during a year in Group ‘C ' and 'D ' posts.
The scheme further lays down that the total income of the
family from all sources including terminal benefits after death,
excluding G.P.F., should be taken into consideration. So far as the
post of Group 'C' is concerned, the scheme provides that in case the
family gets more than Rs.3 lakhs, the dependent of the deceased
would not be eligible for employment on compassionate ground.
4. Respondent No.1 could not be offered appointment on the
ground that excluding G.P.F. amount, his family had received a
sum of Rs.4,40,908/- in addition to family pension of Rs.3,100/-
per month granted to Mrs. Rashmi Gautam. She was entitled to get
the said family pension at least for seven years and thereafter, the
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family pension would be Rs.1,860/- per month plus other reliefs
admissible on pension .
5. Aggrieved, respondent No.1 challenged the order dated
28.1.2004 rejecting his claim, before Central Administrative
Tribunal, Allahabad vide Original Application No. 728 of 2004,
wherein the Tribunal by judgment and order dated 7.12.2005
quashed the order dated 28.1.2004 and directed the appellants
herein to reconsider the case of respondent No.1.
6. Aggrieved by the order of the Tribunal, the appellants
preferred CMWP No.28535 of 2006 before the High Court which
has been dismissed vide impugned judgment. Hence this appeal.
7. We have heard Mr. S.P. Singh, learned senior counsel
appearing for the appellants.
In spite of notice, the respondents did not enter appearance.
The appeal is pending for the last four years before this Court.
8. Learned senior counsel appearing for the appellants has
submitted that the appellants had to consider the applications for
employment on compassionate grounds only within the parameters
and terms and conditions incorporated in the scheme laid down for
that purpose. The scheme makes a person ineligible for the post in
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Group 'C', in case, on the death of the incumbent on the post, the
family gets retiral benefits/terminal benefits exceeding Rs. 3 lakhs.
9. There can be no quarrel to the settled legal proposition that
the claim for appointment on compassionate ground is based on the
premises that the applicant was dependent on the deceased
employee. Strictly, such a claim cannot be upheld on the
touchstone of Article 14 or 16 of the Constitution of India.
However, such claim is considered as reasonable and permissible
on the basis of sudden crisis occurring in the family of such
employee who has served the State and dies while in service.
Appointment on compassionate ground cannot be claimed as a
matter of right. As a rule public service appointment should be
made strictly on the basis of open invitation of applications and
merit. The appointment on compassionate ground is not another
source of recruitment but merely an exception to the aforesaid
requirement taking into consideration the fact of the death of the
employee while in service leaving his family without any means of
livelihood. In such cases the object is to enable the family to get
over sudden financial crisis and not to confer a status on the family.
Thus, applicant cannot claim appointment in a particular
class/group of post. Appointments on compassionate ground have
to be made in accordance with the rules, regulations or
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administrative instructions taking into consideration the financial
condition of the family of the deceased.
10. This Court in Govind Prakash Verma v. Life Insurance
Corporation of India & Ors., (2005) 10 SCC 289 while dealing
with a similar issue i.e. whether payment of terminal/retiral
benefits to the family can be taken into consideration, held as
under:
“In our view, it was wholly irrelevant for the departmental authorities ….. to take into consideration the amount which was being paid as family pension to the widow of the deceased ….. and other amounts paid on account of terminal benefits under the Rules. . ….. Therefore, compassionate appointment cannot be refused on the ground that any member of the family received the amount admissible under the Rules.”
11. This Court in Punjab National Bank & Ors. V. Ashwini
Kumar Taneja, (2004) 7 SCC 265, placing reliance upon the
earlier judgment in General Manager (D&PB) & Ors. V. Kunti
Tiwari & Anr., (2004) 7 SCC 271, held that compassionate
appointment has to be made in accordance with the Rules,
Regulations or administrative instructions taking into consideration
the financial condition of the family of the deceased. Whereas the
scheme provides that in case the family of the deceased gets the
retrial/ terminal benefits exceeding a particular ceiling, the
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dependant of such deceased employee, would not be eligible for
compassionate appointment.
12. In Mumtaz YunusMulani (Smt.) v. State of Maharashtra
& Ors., (2008) 11 SCC 384, this Court examined the scope of
employment on compassionate ground in a similar scheme making
the dependant of an employee ineligible for the post in case the
family receives terminal/ retiral benefits above the sealing limit and
held that the judgment in Govind Prakash (supra) had been
decided without considering earlier judgments which were binding
on the Bench. The Court further held that that the appointment has
to be made considering the terms of the scheme and in case the
scheme lays down a criterion that if the family of the deceased
employee gets a particular amount as retiral/terminal benefits,
dependent of the deceased employee would not be eligible for
employment on compassionate grounds.
13. In the instant case, office of the Comptroller and Auditor
General of India, New Delhi issued a Circular dated 19.2.2003
explaining the scope of such appointments. Relevant part of the
same reads as under:
“With a view to bring uniformity in our offices regarding parameters for compassionate appointment of a family member in the case of death of a
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government servant in harness, it has been decided that the total income of the family from all sources including terminal benefits after death, excluding G.P.F., should be taken into account. If the resultant computation works out to a figure less than the parameters given below such cases can be considered for compassionate appointment subject to fulfilment of all other conditions. The limits are given below:
Group ‘B’ Rs. Five lakhs Group ‘C’ Rs. Three lakhs Group ‘D’ Rs. Two lakhs.” …….
14. The case of the respondent was rejected by the appellants in
view of the fact that the family of the deceased Anand Kishore
Gautam had been given the following terminal benefit excluding
the G.P.F.
1. DCRG Rs.2,48,248.00
2. Leave Encashment Rs.88,660.00
3. CGEIS Rs.44,000.00
4. DLIS Rs.60,000.00
Total: Rs.4,40,908.00
In addition to above, family pension @ 3100/- per month has
been authorised to Smt. Rashmi Gautam for a period of 7 years and
thereafter @ 1860/- per month plus admissible relief on pension.
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15. In view of the fact that, in the instant case the retiral/
terminal benefits have been received by the family exceeding Rs.3
lakhs, respondent No.1 is not eligible to be considered for the
Group 'C' post.
16. In view of the above, the appeal succeeds and is allowed.
The impugned judgments/orders stand set aside.
..……………………….J. (Dr. B.S. CHAUHAN)
.………………………..J. (DIPAK MISRA)
New Delhi, May 23, 2012
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