- Apprentice Lawyer
The Madras High Court today reiterated that the right to compassionate appointment is a weak right, that is only meant to provide immediate succour to the bereaving family of a breadwinner who died while in service.
The Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy was dealing a case where the compassionate appointment was sought 9 years after the death of an employee.
The Court orally observed,
"If you survive for 9 years, there is no entrenched right that you have ... Compassionate appointment is to provide immediate succour."
The Bench proceeded to dismiss the writ appeal moved in the matter, observing that the writ petition originally preferred has been appropriately dismissed since the appointment on compassionate grounds is being sought 9 years after the employee's death.
It is elementary that the right to compassionate appointment is a weak right, the Bench observed. Further, it was noted that the fundamental basis for carving out an exception for compassionate appointments is to provide immediate relief to the bereaved family upon a bread-earner dying while in service.
On the other hand, if the family is able to tide over the crisis and survive without such aide for 8-9 years, the Court opined that the right of compassionate appointment can no longer be pursued. It added that the fact that the deceased employee's son was a minor at the time of his father's death would make little or no difference.