Compassionate appointment refused due to sound financial condition of dependent of deceased employee. My father was an engineer in the irrigation department. He died in 2021 when he was in service. A promotion to the post of executive engineer was pending at the time of his death. His batch mates and juniors were promoted but due to death my father's service benefits are not provided to us according to his promotional scale. I applied for the compassionate appointment in the irrigation department within time. In that application I submitted my educational qualification and my past service in the IT Sector.
The office demanded to produce ITR for past three years and a declaration about the assets which I have accrued in my service. That service was private and I was working in Haryana. Finally my application for compassionate appointment as per the dying in harness rule has been refused by the department on the ground that my financial condition is very sound and I have past experience in the IT Sector. However, my financial situation is sound but that job was not permanent and there was no certainty or protection of job in comparison to the government service. So I think the order of office is wrong, I want to challenge the order in High Court.
Asked from: Chhattisgarh
Appointment under the Dying-in-Harness Rule is an exception to the general method of appointment in government service. There is no competitive examination in relation to compassionate appointments. The primary objective of such an appointment is to protect the family of a deceased employee from destitution and financial crisis, rather than to provide regular employment as a matter of right.
If the dependents of a deceased employee are facing financial hardship in maintaining the family, they may be considered for compassionate appointment. However, it is not mandatory that every dependent is entitled to such an appointment.
In State of West Bengal v. Debabrata Tiwari (2023), the Hon’ble Supreme Court held that, while considering a request for appointment under the dying-in-harness rule, the employer should assess the dependent’s financial condition by examining:
- The income of the family
- The liabilities of the family
- Terminal benefits received
- Age, dependency, and marital status of its members
- Income from other sources
From the records, it appears that based on your past employment and earning capacity, your financial condition is sound, and you are not dependent upon the earnings of your deceased father. Your mother has received the retiral benefits and is also receiving a family pension.
In these circumstances, it is unlikely that you will be granted a compassionate appointment. However, if your mother wishes to seek such an appointment, she may apply for it. Her case would fall under different criteria, as she was entirely dependent upon her husband’s income and has no other source of livelihood. Therefore, her chances of securing a compassionate appointment are significantly higher than yours. In the prevailing circumstances compassionate appointment refused due to sound financial condition seems, to some extent, correct.
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