Director of Town Panchayat v. M. Jayabal 2025 INSC 1423 - Compassionate Appointment - Negative Discrimination - Delay

Compassionate Appointment - The dependent of a deceased employee, though eligible, is not entitled to appointment at any position on compassionate basis as a matter of right. Such appointments, made on purely humanitarian grounds, have to be viewed as exceptions to the general rules of appointment. It is important to note that mere eligibility of the applicant cannot be reason enough to materialise his/her claim for appointment on a higher post. Once a family member of the deceased employee is offered appointment on compassionate basis, the purpose stands well served. (Para 7.3) once the right of an applicant to be considered for appointment on compassionate grounds has been consummated, no further consideration is warranted. Once dependent of a deceased employee is offered employment on compassionate basis, his right stood exercised. Thereafter, no question arises for seeking appointment on a higher post. (Para 10) compassionate appointment is a relief against immense financial hardship caused by the sudden and unforeseen loss of the earning member of a family. In such event, when a dependant family member of the deceased employee is provided appointment on compassionate basis, it is done in order to ensure that the family members are not subjected to impoverishment. Therefore, such appointment which is arising out of exceptional circumstances, cannot be used as a ladder to climb up in seniority by claiming a higher post merely on the basis that he/she is eligible for such post. (Para 12) For consideration of an application for appointment on compassionate basis, financial status of the family is also a relevant factor. It is not a matter of selection or choice of an applicant for such a post, rather for the employer to consider various factors. (Para 21)

Constitution of India - Article 226 - delay in filing of writ petition before the High Court is fatal for grant of relief to the party. This principle is more applicable in the cases of compassionate appointments. The idea behind compassionate appointment is to take care of immediate financial crisis in the family of the deceased employee. In such case, the delay would mean that the family could survive even after death of the employee, as they may be having another source of income. In such circumstances, the party approaching the court with a significant delay can be denied the relief. (Para 15)

Constitution of India - Article 14- No one can approach the court and base his claim on negative discrimination merely because some relief has been granted to a person who may not be entitled to the same - he foundation of any claim based on equity has to be devoid of the element of negative discrimination. An illegality committed by an authority cannot be validated and further perpetuated by its extension to other similarly placed persons -Illegal orders, passed in case of similarly situated person, will not confer any right upon the other person to come to the court and enforce the same claiming discrimination. Such plea cannot be accepted as the authorities cannot be directed to perpetuate the wrong committed by them. The party in such cases may have different remedies.  (Para 16-19)