Can’t Terminate Compassionate Appointment for Failing Exam? Supreme Court Orders Lower Post Instead
The Supreme Court held that compassionate appointment schemes must be interpreted liberally to fulfill their humanitarian purpose, and procedural rigidity cannot override welfare objectives. It distinguished compassionate appointment from direct recruitment, ruling that reallocating a candidate to a lower post without essential qualifications does not violate equality clauses if it preserves the scheme's beneficial character.
Facts Of The Case:
The respondent, Harpal Singh, is the son of a deceased government employee who died in harness on February 28, 2019. Pursuant to the Madhya Pradesh compassionate appointment policy, he was appointed to the post of Assistant Grade-III on September 11, 2020. His appointment order contained a specific condition, derived from Clause 6.5 of the governi...