Appointment on compassionate grounds cannot be extended to heirs of retired employees: Supreme Court

The Supreme Court on Monday held that appointment on compassionate grounds cannot be extended to the heirs of employees on their superannuation and/or retirement. [Ahmednagar Mahanagar Palika v. Ahmednagar Mahanagar Palika Kamgar Union].A Bench of Justices MR Shah and BV Nagarathna observed that 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. 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. 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 opined..It also concluded that appointment on compassionate grounds (varas hakka) is not supported by any scheme and is violative under Articles 14 and 15 of Constitution of India..The apex court set aside a judgment and award passed by the Industrial Court and upheld by the Aurangabad Bench of the Bombay High Court which directed the Ahmednagar Mahanagar Palika (Municipal Corporation) to give appointment to the heirs of its employees on their superannuation..The Industrial Court had passed an order to this effect in 1981. However, in 2003, the Municipal Council was converted to the Municipal Corporation. Thereafter, all employees came to be governed by regulations framed by the Maharashtra government, which did not provide for any appointment on compassionate grounds or on the superannuation of employees.In 2005, on a reference, the Industrial Court directed the appointment of heirs of deceased employees on compassionate grounds and not on retirement and/or superannuation.However, in 2016, the Industrial Court directed the Corporation to provide employment to the heirs of its retired employees, in accordance with an award it had passed in 1981. This was challenged before the High Court, which dismissed the appeal. This prompted the Ahmednagar Mahanagar Palika to challenge the same before the apex court..While setting aside the orders of the High Court and the Industrial Court, the Supreme Court also observed that appointment on compassionate grounds is not automatic and shall be subject to the strict scrutiny of various parameters including the financial position of the family, the economic dependence of the family upon the deceased employee and the avocation of the other members of the family..Advocate Suhas Kadam appeared for the Ahmednagar Mahanagar Palika, while Advocate Shruti Gopal Iyer represented the Ahmednagar Mahanagar Palika Kamgar Union..[Read judgment]