Persons appointed on compassionate grounds entitled to same pay as other employees: Supreme Court

A person appointed to a post on compassionate grounds is entitled to the same pay as regular employees appointed to that post, the Supreme Court recently held [State of Uttar Pradesh and Another v. Aishwarya Pandey]..A Bench of Justices MR Shah and BV Nagarathna ruled that there cannot be any difference in pay scales between regular employees and those employees appointed on compassionate grounds. "Once a person is appointed on a particular post, maybe on compassionate ground, that person is entitled to the pay-scale of the same post," the Court said.The Court was hearing an appeal moved by the State of Uttar Pradesh against a judgment of the Allahabad High Court which had allowed the respondent's petition and directed State authorities to pay her as per the regular scale for the post of an Officer on Special Duty.Senior Advocate SR Singh, appearing for the State, argued that the respondent was appointed to a supernumerary post and she could not have been appointed to the post of an Officer on Special Duty on compassionate grounds as the said post was required to be filled by the Public Service Commission.The Bench refuted the State's submission, stating that it was the State which appointed the respondent to the post of Officer on Special Duty."Thereafter, it is not open for the State to contend that the respondent could not have been appointed on compassionate ground on the post of Officer on Special Duty as the same was required to be filled by the Public Service Commission," the Court said.The Court also noted that similar benefits have been given to such employees earlier."The moment a person is appointed to a particular post, that person is entitled to the pay-scale of the very post, even if the appointment is on compassionate ground… it is required to be noted that even in the case of similarly situated employees, the similar benefit was granted," the order said.The Court, therefore, dismissed the State's appeal and gave it two weeks time to implement its order.Advocate-On-Record Adarsh Upadhyay also appeared for the petitioner-State. .[Read Order]