Death of a government employee in harness doesn't entitle the family to claim compassionate employment and the person seeking such an appointment must be qualified for the post, the Supreme Court has held.
"Mere death of a government employee in harness does not entitle the family to claim compassionate employment," said a bench of Justice BS Chauhan and Justice SA Bobde, holding the competent authority should examine the family's financial condition before offering the job.
This should be done only if the authority is satisfied that the family would not be able to cope up with the crisis.
"The competent authority has to examine the financial condition of the family of the deceased employee and it is only if it is satisfied that without providing employment, the family will not be able to meet the crisis that a job is to be offered to the eligible member of the family. More so, the person claiming such appointment must possess required eligibility for the post," the court said.
The bench's ruling that compassionate employment cannot be claimed as a "matter of right, as it is not a vested right" came on an appeal filed by MGB Gramin Bank, challenging a 2010 Rajasthan High Court judgment that directed it to appoint a son of a deceased bank employee under the scheme of compassionate employment.