Compassionate appointment is an exception to the general rule of appointment which is a way of providing employment to the family of the deceased employee on compassionate grounds. The objective is only to provide solace and succour to the family in difficult times and, thus, its relevancy is at that stage of time when the employee passes away. The mere death of an employee in harness does not entitle his family to such source of livelihood. The authority concerned has to examine the financial condition of the family of the deceased, and it is only if it is satisfied that, but for the provision of employment, the family will not be able to meet the crisis that the job is offered to the eligible member of the family. It was further asseverated in the said judgment that compassionate employment cannot be granted after a lapse of reasonable period as the consideration of such employment is not a vested right which can be exercised at any time in the future. It was further held that the object of compassionate appointment is to enable the family to get over the financial crisis that it faces at the time of the death of sole breadwinner. Thus, compassionate appointment cannot be claimed or offered after a significant lapse of time and after the crisis is over.
Mr. Y, son of Mr. X, made a representation before ABC government company on January 4, 2018 that he should be given appointment on compassionate grounds as his father died during his employment in the company in 2000. Consider the given facts and decide whether Mr. Y is entitled to get compassionate appointment.
Correct Answer :
Mr. Y is not entitled for compassionate appointment as a long period has elapsed since the death of his father.
Solution :
Correct Answer: Mr. Y is not entitled for compassionate appointment as a long period has elapsed since the death of his father.
Step-by-Step Explanation:
1. Understanding the Principle of Compassionate Appointment:
Based on the provided passage, compassionate appointment is an exception to general employment rules designed strictly to provide immediate financial relief (solace and succour) to the family of a deceased employee at the time of their death. Its primary object is to help the family tide over the sudden financial crisis caused by the loss of the sole breadwinner.
2. Time Limitation and Vested Rights:
The passage explicitly states that compassionate employment cannot be claimed as a vested right that can be exercised at any time in the future. It cannot be granted or offered after a significant lapse of time or after the immediate financial crisis has passed.
3. Analyzing the Facts of the Case:
- Mr. X (the employee) passed away in the year 2000.
- Mr. Y (his son) applied for a compassionate appointment on January 4, 2018.
- A period of 18 years has elapsed between the death of the employee and the application for appointment.
4. Conclusion:
Since a significant period of 18 years has passed, the immediate financial crisis following the death of the breadwinner is over, and the objective of granting compassionate appointment no longer applies. Therefore, Mr. Y is not entitled to receive a compassionate appointment due to the long delay.
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