VidhiSangh

Supreme Court of India · 12/12/2025

THE DIRECTOR OF TOWN PANCHAYAT & ORS. versus M. JAYABAL & ANR. ETC.

[2025] 12 S.C.R. 593 · 2025 INSC 1423

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Summary

The Supreme Court held that dependants who had sought and accepted compassionate appointment as sweepers could not, years later, claim appointment as Junior Assistants because they were qualified for that post. Once compassionate appointment is accepted, the right is consummated; the claim was also barred by delay and laches; and parity with others wrongly given the higher post is negative equality, which Article 14 does not recognise. The High Court's directions were set aside.

Issues

  1. Whether compassionate appointment is a matter of right.
  2. Whether a dependant who has accepted compassionate appointment on a post can later claim appointment on a higher post on the ground of eligibility for it.
  3. Whether the writ petitions were barred by delay and laches.
  4. Whether the respondents could claim parity with others who had been given the higher post (negative discrimination).

Provisions considered

Held

Result

Appeals allowed; the High Court's judgment and review order set aside; the respondents' writ petitions dismissed; no order as to costs.

Judgment PDF: Supreme Court of India, [2025] 12 S.C.R. 593.