VidhiSangh

Supreme Court of India · 30/09/2022

FERTILIZERS AND CHEMICALS TRAVANCORE LTD. & ORS versus ANUSREE K.B.

[2022] 7 S.C.R. 267 · 2022 INSC 1051

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Summary

A loading helper at a public sector fertilizer company died in service in 1995. His widow, employed with the State health services, was not eligible under the company's dependant-employment scheme. About 14 years later, the daughter, a minor in 1995 and married since 2013, sought compassionate appointment. Her application was rejected, including on reconsideration, on the grounds that the deceased was not the sole breadwinner and that 24 years had passed. The Kerala High Court directed her case to be considered again. The Supreme Court reversed. Compassionate appointment is an exception to the Article 14 and 16 rule, a concession and not a right, and is meant to help a family survive the immediate crisis caused by an employee's sudden death. Appointing someone 14 to 24 years later would defeat that purpose.

Issues

  1. Whether the daughter of an employee who died in 1995 could claim compassionate appointment on an application made about 14 years later, when her mother was in government service at the time of death.
  2. Whether the High Court was right to direct the employer to reconsider the claim more than two decades after the death.

Provisions considered

Held

Result

Appeal allowed. The judgments of the learned Single Judge and the Division Bench of the Kerala High Court directing reconsideration of the respondent's claim to compassionate appointment were set aside. No costs.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 267.