Can the High Court, under Article 226 of the Constitution of India, direct the government to provide a compassionate appointment to a person in a specific post?

it is apt to state that since the purpose of providing appointment on compassionate grounds is to mitigate the hardship due to the death of the bread winner of the family, in a matter of compassionate appointment, there cannot be insistence for a particular post. Out of purely humanitarian consideration and having regard to the fact that unless some source of livelihood is provided to the bereaved family which would not be able to make both ends meet, a provision is made for giving appointment to one of the dependants of the deceased who may be eligible for appointment. Care has, however, to be taken that provision for grant of compassionate appointment, which is in the nature of an exception to the general provisions, does not unduly interfere with the right of those other persons who are eligible for appointment against a post, which would have been available, but for the provision enabling appointment being made on compassionate grounds. As it is in the nature of exception to the general provisions, it cannot substitute the provision to which it is an exception and thereby nullify the main provision by taking away completely the right conferred by the main provision. The appointment on compassionate ground cannot become another source of recruitment but merely an exception to the aforesaid requirement taking into consideration the fact of death of the employee while in service. Thus, it is the discretion of the Government to give appointment on compassionate grounds to a person in which, he/she would be found suitable and this Court, under Article 226 of Constitution of India, cannot direct the Government to provide compassionate appointment to a person in a particular post. In the instant case, though the petitioner requested for compassionate appointment in a particular post, i.e. Medical Officer, it is for the respondents to decide as to for which post the petitioner would be found suitable.

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD Smt. JUVVADI SRIDEVI, J. W.P. No. 19466 of 2019 DECIDED ON : 31-07-2023 Dr. K. Ranjana Vs. District Collector and Magistrate, Hyderabad and others

12/17/20241 min read