February – 2019 – TSG Newsletter

February – 2019 – TSG Newsletter

TSG COLUMN:
COMPASSION ?
When any Government Servant or an employee in public sector undertakings dies while in service, there is a provision to provide compassionate appointment to one member of the family. This benefit is being misused to the extent that even if the spouse of the deceased employee is in public employment, still claim for compassionate employment is made and the same is countenanced. In the Public Sector Banks, they have changed the scheme to the effect that in lieu of compassionate employment, they could only make a claim for monetary compensation. In this context, it is heartening to note a recent order of the Supreme Court which has held that compassionate appointment to a dependant of the deceased employee is to meet the immediate financial need of the family and hence if the family has adequate income to financially support all the members of the family then the application for compassionate appointment can be turned down. In the instant case, the concerned employee died on 29th March 2005 and the applicant for compassionate appointment was produced with an income certificate without disclosing the pension which the family was receiving, and the Writ Petition came to be filed in 2015. It was rejected on the ground of delay and failure to produce the correct income certificate.

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