Director of Town Panchayat & Ors. Vs M. Jayabal & Anr. Etc. (Supreme Court of India)
No ‘endless compassion’: Once compassionate appointment accepted, claim for higher post barred — SC overturns Madras HC
Supreme Court allowed appeals of State authorities & set aside Madras High Court orders which had directed appointment of compassionate appointees as Junior Assistants. Assessees (respondents) were initially appointed as Sweepers on compassionate grounds after death of their fathers in service & had accepted such appointments without protest. After long delay of 3 to 9 years, they sought appointment to higher posts claiming eligibility & parity with others. Apex Court reiterated settled law that compassionate appointment is not a matter of right but a concession meant only to tide over immediate financial crisis; once appointment is accepted, the right stands consummated & cannot be reopened, else it would lead to “endless compassion”. Mere possession of higher qualification does not entitle dependent to a higher post, nor can negative equality be claimed on basis of illegal benefits granted to others. Court also held that inordinate delay defeats the very object of compassionate appointment. Finding High Court’s directions contrary to binding precedents (Umesh Kumar Nagpal, Premlata, Umrao Singh, Debabrata Tiwari, Tinku), Supreme Court dismissed writ petitions & restored rejection of claim for higher post, with no order as to costs
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