The idea of compassionate appointment is not to provide for endless compassion [I.G. (Karmik) v. Prahalad Mani Tripathi, (2007) 6 SCC 162]. Any appointment without considering financial condition of the family of a deceased is legally impermissible [Union of India v. Amrita Sinha, (2021) 20 SCC 695]. The right to apply cannot be exercised at any time in future and it cannot be offered whatever lapse of time and after crisis is over [Eastern Coalfields Ltd. v. Anil Badyakar, (2009) 13 SCC 112].
We may briefly refer to an area which, till a few years back, was grey and continues to be so. It is on which rule/policy/scheme would be applicable for consideration of an application for compassionate appointment. The rule/policy/scheme prevailing on date of death or date of consideration of application? State Bank of India v. Sheo Shankar Tewari, (2019) 5 SCC 600 Referred to Larger Bench. Close on heels of Sheo Shankar Tewari, a Three-Judge Bench in N.C. Santhosh v. State of Karnataka, (2020) 7 SCC 61 held, norms prevailing on date when application is considered should be basis for consideration. Then came State of Madhya Pradesh v. Amit Shrivas, (2020) 10 SCC 496 of another Three-Judges. It was held, compassionate appointment has to be in terms of applicable policy as existing on date of demise, unless a subsequent policy is made applicable retrospectively. Soon after Amit Shrivas, Two-Judges in State of Madhya Pradesh v. Ashish Awasthi, (2022) 2 SCC 157 considered Amit Shrivas and Indian Bank v. Promila, (2020) 2 SCC 729 and expressed, policy prevalent at time of death of deceased employee only is required to be considered and not subsequent policy.
Sheo Shankar Tewari is yet to be decided by a Larger Bench. Reference, as made in Sheo Shankar Tiwari, if made by us would only add to agony and pain of Ajithkumar G.K. considering one cannot foresee an imminent resolution. Reference made by Sheo Shankar Tewari in 2019 is still unanswered.
– Hon’ble Justice Dipankar Datta, Ajithkumar G.M. v. Canara Bank, [Civil Appeal No. 255 of 2025].
