Appointing authorities during compassionate appointment should consider the financial condition of the family but at the same time also take into consider the liabilities left by the deceased employee and after deducting average amount towards liabilities what is left has to take into calculation to constitute income of the family. No doubt, payments being received by the family of the deceased are factors to be considered but at the same have to be considered objectively and not subjectively.
The object of granting compassionate appointment is :
(a) to enable the family to overcome from the sudden crisis caused by the death of the sole breadwinner, and
(b) to relieve the family of the financial shortage and to help it get over the emergency.
Offering employment without taking into consideration the financial condition of the family is legally impermissible. Because sometimes, some family has better financial condition and need of appointment on compassionate ground does not arise.
As a rule, appointments in the public services should be made strictly on the basis of open invitation of applications and met-it. No other mode of appointment nor any other consideration is Neither the Governments nor the public authorities are at liberty to follow any other procedure or relax the qualifications laid down by the rules for the post. However, to this general rule which is to be followed strictly in every case, there are some exceptions carved out in the interests of justice and to meet certain contingencies. One such exception is in favour of the dependent’s of an employee dying in harness and leaving his family in penury and without any means of livelihood. In such cases, out of pure humanitarian consideration taking into consideration the fact that unless some source of livelihood is provided, the family would not be able to make both ends meet, a provision is made in the rules to provide gainful employment to one of the dependents of the deceased who may be eligible for such employment. The whole object of granting compassionate employment is thus to enable the family to tide over the sudden crisis. The object is not to give a member of such family a post much less a post for post held by the deceased. What is further, mere death of an employee in harness does not entitle his family to such source of livelihood. The Government or the public authority concerned has to examine the financial condition of the family of the deceased, and it is only if it is satisfied, that but for the provision of employment, the family will not be able to meet the crisis that a job is to be offered to the eligible member of the family……..Umesh Kumar Nagpal v. State of Haryana, 1994 (68) FLR 1191 (SC).