CAT - ['Kolkata']
Employment and Labour LawAdministrative and Public Law

Compassionate appointment is not a vested right and depends on financial need under the governing scheme.

Krishnendu Bag vs Audit

CAT - ['Kolkata']JUDGMENT: October 05, 20262 MIN READSOURCE JUDGMENT
Compassionate appointment is not a vested right and depends on financial need under the governing scheme.. Krishnendu Bag vs Audit. CAT - ['Kolkata']. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant’s father, an Assistant Accounts Officer, died in service on 7 March 2013.

Source reference: para. 2

The applicant applied for compassionate appointment, but the Departmental Screening Committee rejected his request by letter dated 6 January 2015; a subsequent representation was rejected on 22 April 2015.

Source reference: paras. 2–3

The applicant challenged those orders, contending that the family’s financial hardship had not been properly assessed.

Source reference: paras. 2–3

The respondents stated that the family received terminal benefits exceeding ₹16.73 lakh, apart from GPF, and that the widow received family pension and the family owned a residential house.

Source reference: paras. 5–6
02

Issues

Whether the rejection of the applicant’s request for compassionate appointment warranted interference by the Tribunal.

Source reference: paras. 2, 7–9

Whether the authorities’ assessment of the family’s financial circumstances was sufficient to sustain the rejection.

Source reference: paras. 5–6, 8–9
03

Law Applied

The Tribunal treated compassionate appointment as an exception to the ordinary rule of open recruitment under Articles 14 and 16 of the Constitution, intended to help a deceased government servant’s family meet the sudden financial crisis caused by the death of its breadwinner.

Source reference: paras. 7, 9

It is not a vested right and may be granted only in accordance with the applicable scheme.

Source reference: paras. 7, 9

The Tribunal referred to the DoPT Office Memorandum dated 16 January 2013 and the Headquarters Office Memorandum dated 9 March 2009 as the governing instructions for assessment.

Source reference: para. 6.1

The respondents also cited Umesh Kumar Nagpal v. State of Haryana, (1994) 4 SCC 138, and MGB Gramin Bank v. Chakrawarti Singh, (2014) 13 SCC 583, for the principle that compassionate appointment is not claimable as a matter of right.

Source reference: para. 6.4
04

Reasoning

The Tribunal found that the Screening Committee had undertaken a comparative assessment of the family’s financial condition.

Source reference: paras. 8–9

It considered the terminal benefits exceeding ₹16.73 lakh, the family pension, and the family’s residential accommodation, and concluded that the assessment disclosed no ground for judicial interference.

Source reference: paras. 8–9

As compassionate appointment is scheme-based rather than an entitlement, the Tribunal declined to substitute its assessment for that of the competent authority.

Source reference: para. 9
05

Holding

The Tribunal held that the Original Application lacked merit and dismissed it, finding no basis to interfere with the orders rejecting the compassionate-appointment request.

All pending applications were also dismissed, with no order as to costs.

Source reference: para. 10
06

Acts & Sections Cited

2 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Administrative Tribunals Act, 19852

CAT - ['Kolkata']

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Krishnendu BagvsAudit

CAT - ['Kolkata'] · October 05, 2026

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