Supreme Court Clarifies: Compassionate Appointments Do Not Confer Right to Higher Posts

New Delhi: The Supreme Court has clarified that appointments made on a compassionate basis—to support the dependents of deceased employees—are purely humanitarian and do not entitle the beneficiary to claim promotion or higher posts.

Key Observations

A bench comprising Justice Rajesh Bindal and Justice Manmohan stated that while a dependent may be eligible for a job under compassionate grounds, this eligibility cannot be used as a ladder to demand a higher position or seniority. The court emphasized that the primary purpose of such appointments is to provide financial support and relief to the bereaved family, not to confer career advantages.

Case Background

The verdict arose from two petitions by the Tamil Nadu administration, challenging Madras High Court orders that had directed the promotion of two individuals—previously employed as sanitation workers—to the post of Junior Assistant on compassionate grounds.

The Supreme Court overturned the High Court’s orders, noting that:

• Eligibility alone is insufficient to claim appointment to a higher post.
• Compassionate appointments are exceptions to regular recruitment rules and should not be exploited for career progression.
• Offering a lower post already fulfills the intended relief to the family, and there is no entitlement for reconsideration for higher posts.

Bench’s Conclusion

The bench reaffirmed that compassionate appointments serve only to support families in exceptional circumstances. Any claim to a senior position based solely on the fact that another person in a similar situation received such a benefit is not valid.

The verdict reinforces that humanitarian support and career entitlement are separate, ensuring that compassionate recruitment remains focused on aid rather than promotion.