In Civil Appeal No.5944 of 2022-SC-Appointment on compassionate grounds cannot be extended to heirs of employees on their superannuation or retirement, rules Apex Court 
Justices M.R. Shah & B.V. Nagarathna [05-09-2022]

 

Read Judgment: AHMEDNAGAR MAHANAGAR PALIKA V. AHMEDNAGAR MAHANAGAR PALIKA KAMGAR UNION 

Mansimran Kaur

New Delhi, September 7, 2022: The Supreme Court has opined that the appointment on compassionate grounds is not automatic and shall be subject to the strict scrutiny of various parameters including the financial position of the family, the economic dependence of the family upon the deceased employee and the avocation of the other members of the family. 

The Division Bench of Justice M.R. Shah and Justice B.V. Nagarathna allowed the instant appeals by observing that the both the Judgments passed by the Industrial Court as well as the High Court in directing the Mahanagar Palika/ Municipal Corporation to give appointment to the heirs of the employees on their superannuation and/or retirement was unsustainable and deserved to be quashed.

In the year 2003, Ahmednagar Municipal Council was converted to Ahmednagar Mahanagar Palika.  At the time when the Municipal Council was in existence, an industrial dispute was raised by the Union. One of the demands  was with respect to the employment to be given to the heirs of the employees. At the relevant time, it was agreed by the Municipal Council that the employees in Class-IV category (if they die before their retirement) in all departments, except Health Department, if they become invalid, or if they retire, their heirs will be given appointment in their place. Consequently, the Industrial Court also confirmed the same.

Another demand was with respect to the employment of the heirs of the employees (the same was at the instance of the Mahanagar palika). The Palika gave a notice of change in respect of demand of employment to the heirs of the employees as and the said dispute was referred for adjudication.

The Industrial Court modified the earlier award and directed the Ahmednagar Mahanagar Palika to provide (1) employment to the legal heirs of the employees of Class-IV category working in health department only  to provide the employment to the legal heirs of all categories, i.e., Class-I category to Class-IV category on compassionate ground as per government resolutions and circulars at par with government employees. This meant that the compassionate appointment to the heirs of the employees on their superannuation/retirement was not provided and the compassionate appointment was provided only to the heirs of the deceased employees of Class-IV category.

Thereafter,  two other industrial disputes were raised by the Palika Kamgar Union and the Industrial Court directed the Palika to provide employment to the heirs of the employees on their retirement on attaining the age of superannuation. By the impugned common judgment, the High Court dismissed the petition challenging the awards passed by the Industrial Court. Thus, the original writ petitioner-Ahmednagar Mahanagar Palika through its Commissioner, preferred the present appeals.

After hearing the submissions of the parties, the Court noted that in the present case, the Industrial Court  directed the Mahanagar Palika/Municipal Corporation to give appointment to the heirs of the employees on their superannuation/retirement as per judgment passed in Reference Case of 1979. 

However, the said judgment was passed in the year 1981, at the time when the Municipal Council was in existence. That thereafter in the year 2003, the Municipal Council was converted to Municipal Corporation/Mahanagar Palika and all the employees under Mahanagar Palika/Municipal Corporation were governed by the scheme/rules & regulations framed by the State Government, which did not provide for any appointment on compassionate grounds or the appointment to the heirs of the employees on their superannuation/retirement.

Even otherwise, such an appointment to the heirs of the employees on their retirement and/or superannuation shall be contrary to the object and purpose of appointment on compassionate grounds and is hit by Article 14 of the Constitution of India. As observed and held by this Court in a catena of decisions, compassionate appointment shall always be treated as an exception to the normal method of recruitment, the Court further noted. 

The Court also opined that it was not open for the Industrial Court and/or even the High Court to direct the Mahanagar Palika/Municipal Corporation to provide appointment to the heirs of the employees on their retirement/superannuation, relying upon the judgment passed by the Industrial Court in Reference Case of 1979. The Bench mentioned that the  appointment on compassionate grounds is provided upon the death of an employee in harness without any kind of security whatsoever. 

“Therefore, appointment on compassionate grounds cannot be extended to the heirs of the employees on their superannuation and/or retirement. If such an appointment is permitted, in that case, outsiders shall never get an appointment and only the heirs of the employees on their superannuation and/or retirement shall get an appointment and those who are the outsiders shall never get an opportunity to get an appointment though they may be more meritorious and/or well educated and/or more qualified. Therefore, the submission on behalf of the respondent that the appointment is not on compassionate grounds but the same be called as varas hakka cannot be accepted. Even if the same be called as varas hakka the same is not supported by any scheme and even the same also can be said to be violative of Article 14 as well as Article 15 of the Constitution of India,” the Court opined. 

In view of the above and for the reasons stated above, both the Judgment and award passed by the Industrial Court as well as the High Court in directing the Mahanagar Palika/ Municipal Corporation to give appointment to the heirs of the employees on their superannuation and/or retirement were set aside and the appeals were allowed.