Death makes no distinction between the young and the old or the rich and the poor. Death is certain but its timing is not certain, it may happen at any time without considering the financial condition of the person and its dependents. Before death, not all individual leave valuable assets for their family member. Therefore, State or its instrumentality in order to ensure that death of an employee does not mean economic death for his family, so in this regard, has given rise to schemes and rules providing for compassionate appointment of an eligible member of his family as an instance of providing immediate succor to such a family. Support for such a provision has been derived from the provisions of Part IV of the Constitution of India, i.e., Article 39 of the Directive Principles of State Policy.
Object of granting compassionate employment is to enable the family of a deceased government employee to tide over the sudden crisis by providing gainful employment to one of the dependents of the deceased who is eligible for such employment. 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, then a job is to be offered to the eligible member of the family. Appointment on compassionate grounds is not a source of recruitment, but a means to enable the family of the deceased to get over a sudden financial crisis. Compassionate appointment is not a vested right which can be exercised at any time after the death of a government servant. That the object being to enable the family to get over the financial crisis which it faces at the time of the death of the sole breadwinner. Thus, there is also a compelling need to act with a sense of immediacy in matters concerning compassionate appointment because on failure to do so, the object of the scheme of compassionate would be frustrated. The consideration of the compassionate appointment must be fair and reasonable. Appointment on compassionate grounds cannot be claimed as a matter of right and cannot be made available to all types of posts irrespective of the nature of service rendered by the deceased employee.
None except wife/son/daughter/near relation of the deceased employee and solely dependent on the earnings of the deceased employee, shall be eligible for consideration for such employment.