Supreme Court Rejects Compassionate Appointment After 18-Year Delay in SAIL Case

The case of Steel Authority of India Limited v. Gouri Devi revolves around the issue of compassionate appointments and the importance of timely claims. The Supreme Court ruled that a claim for a compassionate appointment made 18 years after the employee’s death was unsustainable. This decision reinforces the legal principle that such appointments are meant for immediate financial relief and not as a deferred benefit.

The Court quashed the High Court’s order directing the reconsideration of an application for a second son’s compassionate appointment, emphasizing that delay defeats the very purpose of compassionate appointments.

Background of the Case

The case began with the death of an employee of Steel Authority of India Limited (SAIL) in 1977. Following his death, his eldest son applied for a compassionate appointment, but his request was rejected under the prevailing scheme in 1977.

In 1996, 18 years after the employee’s death, his widow, Gouri Devi, filed a writ petition before the Orissa High Court seeking a compassionate appointment for her second son. The petition was later transferred to the Central Administrative Tribunal (CAT), Cuttack.

In 2019, the CAT directed SAIL to reconsider the second son’s appointment on compassionate grounds. SAIL challenged this order in the Orissa High Court, but the High Court upheld the Tribunal’s decision. Dissatisfied, SAIL approached the Supreme Court.

Arguments by the Petitioner

SAIL argued that:

The purpose of a compassionate appointment is to provide immediate relief to the deceased employee’s family and not to be treated as a long-term benefit.
The first application, filed by the eldest son in 1977, was rejected, and the family continued to survive without such an appointment.
The claim made in 1996 was too delayed and violated the principle of finality in government appointments.
The Tribunal and the High Court ignored the principle of delay and laches in employment law.

Arguments by the Respondent

Gouri Devi contended:

The family remained in financial distress even after 18 years, necessitating the appointment of the second son.
The rejection of the first application should not prevent consideration of the second son’s case.
The High Court and Tribunal had rightly directed reconsideration of the claim under existing compassionate appointment policies.

Supreme Court’s Judgment

The Supreme Court, comprising Justices M.R. Shah and Sanjiv Khanna, ruled in favor of SAIL, stating:

“Delay in pursuing a claim for compassionate appointment would militate against the very objective of providing immediate amelioration to the family, which would stand extinguished.”

The Court referred to precedents, including Punjab State Power Corporation Ltd. v. Nirval Singh (2019) and State of J&K v. Sajad Ahmed Mir (2006), where delayed claims for compassionate appointments were dismissed. It emphasized:

“Appointment on compassionate ground is an exception to the general rule that appointment to public office should be made on the basis of competitive merits.”

The Court found the delay of 18 years to be excessive and observed:

“Once it is proved that in spite of the death of the breadwinner, the family survived and substantial period is over, there is no need to make an appointment on compassionate ground at the cost of the interests of several others.”

Conclusion

This ruling affirms that compassionate appointments are intended for immediate relief and should not be entertained after an unreasonable delay. The decision upholds the principle that government jobs should primarily be filled based on merit, with compassionate appointments being an exception that must be exercised within a reasonable time frame.

Petitioner Name: Steel Authority of India Limited.
Respondent Name: Gouri Devi.
Judgment By: Justice M.R. Shah, Justice Sanjiv Khanna.
Place Of Incident: Orissa.
Judgment Date: 18-11-2021.

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