Chhattisgarh High Court: Compassionate Appointment Can't Be Granted On Ground That Employed Family Member Is Not Supporting Family

The Chhattisgarh High Court has held that Compassionate Appointment cannot be misused on the ground that the member of the family already employed is not supporting the family.

The Court was considering an Appeal against an order whereby the Writ Petition for grant of compassionate appointment filed by the Appellants was dismissed.

The Division Bench of Chief Justice Ramesh Sinha and Justice Arvind K. Verma observed, "Financial condition of the family and their liability even when there is an earning member in the family has also been considered. In the scheme, it is rightly taken into consideration that the object of granting compassionate appointment is only to enable the family to tide over the sudden financial crisis. To seek the employment for one of the members in the family, the scheme further stipulates that extreme caution has to be observed that in no case, compassionate appointment is circumvented and misused by putting such ground that the member of the family already employed is not supporting the family."

The Appellant was represented by Advocate B.P. Rao while the Respondent was represented by Advocate Sharad Mishra.

Facts of the Case

The Husband of Appellant No.1 died in harness on November 14, 2014 while he was posted as Daftari under the employment of Respondent No.1. After the death of Husband, Appellant No.1 moved an application for grant of compassionate appointment before the concerned authority and after scrutiny, the same was rejected on the ground that the condition of the family is well and they are not indigent. Aggrieved, the Appellants preferred a Writ Petition which was dismissed by the Single Judge by the impugned order.

Counsel for the Appellants submitted that although the younger son of the deceased is in Government Employment, but he was drawing just ₹10,270/- per month and lives alone in rented house in another place where he was posted and therefore, from the small amount of salary, he was unable to extend his financial help to the Appellants.

He relied upon the judgment of the Supreme Court in the matter of Govind Prasad Verma v. L.I.C. of India & Ors. wherein, it was held that compassionate ground appointment can not be refused on the ground that any member of the family has received such benefits.

Reasoning By Court

The Court observed that it is settled law that compassionate appointment being an exception to the general rule, has to be granted only in warranting situations and circumstances existing in granting appointment and guiding factors should be financial condition of the family.

It reiterated that the object underlying a provision for grant of compassionate employment is to enable the family of the deceased employee to tide over the sudden financial crisis due to the death of the bread-earner, which has left the family in penury and without any means of livelihood.

It was observed that the scheme rightly considers that the object of granting compassionate appointment is only to enable the family to tide over the sudden financial crisis and there should be extreme precaution in its application and no misuse.

The Appeal was accordingly dismissed.

Cause Title: Smt. Dukhiya Bai vs. Punjab National Bank (2025:CGHC:15605-DB)

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