Supreme Court Affirms: Compassionate Appointments Are Not Automatic Rights।Anukampa Niyukti

In a recent decision, the Supreme Court of India reinforced the principle that compassionate appointments are not inherent rights that can be granted without any form of scrutiny or selection process. The Court emphasized that such appointments must be subject to strict and reasonable evaluation based on various criteria.
The case in question involved the petitioner, Tinku, whose father passed away in 1997 when Tinku was only seven years old. Upon reaching adulthood, Tinku applied for a compassionate appointment in 2008. However, the Haryana government rejected the claim, citing its 1999 policy that imposed a three-year limit from the date of the employee’s death for such applications.
The Supreme Court upheld the validity of the government’s policy, noting that the primary purpose of compassionate appointments is to provide immediate support to the family of a deceased employee. The Court clarified that compassionate appointments are an exception to the general rule and should be carefully regulated.
While dismissing the petitioner’s claim for appointment, the Court did allow Tinku’s mother to submit a representation to the competent authority for a one-time ex gratia payment. The Court instructed that this request be considered within six weeks.
Case Title: Tinku vs State of Haryana
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