Compassionate Appointment Requires Mastery of Minimum Educational Qualifications Prescribed Under Relevant Recruitment and Promotion Rules

The petitioner’s late father was initially appointed as a Part-Time Water Carrier and later converted to a daily wage basis in January 2019.

He died in harness on January 23, 2023, while serving as a Class-IV daily wage worker.

The petitioner applied for compassionate appointment to a Class-IV post.

The respondent Authority rejected the application via an office order dated November 30, 2023, on the grounds that the petitioner only possessed an 8th-standard qualification, whereas the minimum educational requirement for a Class-IV post is Matriculation.

The petitioner challenged this rejection, arguing he should be considered for the post of Part-Time Water Carrier (for which no minimum qualification is required) under a 2001 notification.

1. Whether the petitioner is entitled to compassionate appointment to a Class-IV post despite not possessing the minimum educational qualification of Matriculation prescribed by the recruitment rules.

2. Whether the petitioner can be alternatively considered for appointment as a Part-Time Water Carrier under the notification dated July 27, 2001.

The court primarily applied the Compassionate Employment Policy introduced by the State Government vide Office Memorandum dated March 7, 2019.

Clause 4 and Clause 5(b) of said policy specify that compassionate appointment is subject to the fulfillment of the minimum educational qualifications and skills prescribed for the post under the relevant Recruitment and Promotion (R&P) Rules.

Clause 12 of the 2001 notification (Scheme for Part-Time Water Carriers), which allowed compassionate appointments without a selection process, had previously been held ultra vires by the Court.

The court reasoned that compassionate appointment is not an inherent right but is governed strictly by the prevailing government policy at the time of the employee's death.

Under the 2019 Policy, any candidate seeking a Class-IV post on a daily wage basis must meet the eligibility criteria defined in the R&P Rules, which specifically requires a "Matriculation or its equivalent".

Since the petitioner is only "8th pass," he is ineligible for the post.

The Court observed that the petitioner did not challenge the validity of Clause 4 of the 2019 Policy; therefore, the Authority's decision based on that policy could not be deemed arbitrary or perverse.

Regarding the petitioner's plea for appointment as a Part-Time Water Carrier under the 2001 notification, the court dismissed this as "misplaced" because the relevant provision (Clause 12) relied upon by the petitioner had already been struck down in previous litigations.

On the second issue, the court held that the 2001 scheme provided no legal basis for relief as its compassionate appointment clause was void.

Consequently, the writ petition was dismissed, and the impugned order dated November 30, 2023, was upheld.