1994 (5) TMI 279 - SC - Indian Laws

Summary

Issues:
1. Considerations guiding appointments on compassionate grounds in public services.

Analysis:
The judgment addressed the issue of appointments on compassionate grounds in public services. It emphasized that appointments in public services should generally be based on open applications and merit, with exceptions made for dependents of deceased employees facing financial crisis. The purpose of compassionate employment is to assist families in overcoming sudden financial crises, not to provide them with a post equivalent to that of the deceased employee. The judgment clarified that compassionate appointments should be limited to Class III and IV posts to alleviate financial destitution and should not be granted as a matter of course or in higher posts. The financial condition of the deceased employee's family must be assessed to determine eligibility for compassionate employment, and appointments should be made within a reasonable period specified by the rules. Additionally, the judgment stressed that provisions for compassionate employment must be established through rules or executive instructions, not on an ad hoc basis. The court dismissed the special leave petitions based on these principles, highlighting the importance of adhering to the legal framework governing compassionate appointments in public services.