AP High Court Emphasizes Human Approach in Compassionate Appointment Cases
In a significant ruling, the Andhra Pradesh High Court has held that requests for compassionate appointment should not be rejected merely on technical grounds. The judgment underscores the need for authorities to adopt a humanitarian perspective when considering such applications, particularly in cases involving families facing extreme financial hardship.
Case Background and Legal Proceedings
The case involved B Narayanamma, who sought compassionate appointment following her father Ramulu's medical de-categorisation in 1999 and subsequent voluntary retirement in 2000. Narayanamma submitted her application on September 6, 2006, after which the senior divisional personnel officer examined the case in November 2006. The officer recommended her appointment in Group D, noting the family's financial difficulties, and forwarded the matter to the general manager for final approval.
However, the general manager rejected the application in August 2014, citing a five-year time limit and the fact that Narayanamma had attained majority before her father's medical de-categorisation. Narayanamma then challenged this rejection before the Central Administrative Tribunal (CAT), which dismissed her case in December 2018, ruling that the delay could not be condoned.
High Court's Observations and Ruling
A division bench comprising Justice Cheekati Manavendranath Roy and Justice Tuhin Kumar Gedela allowed Narayanamma's writ petition, directing the East Coast Railway authorities to reconsider her case for compassionate appointment within three months. The bench made several key observations:
- The initial authority's recommendation regarding the family's financial status was not reflected in the general manager's order, and the CAT failed to examine this aspect.
- The five-year delay in this case should not be treated as inordinate, as the compassionate appointment scheme is designed to provide relief to bereaved families.
- Not all employees leave behind assets; some leave their families in poverty, necessitating a compassionate approach from officials.
The court emphasized that the family is languishing in extreme poverty and urged officials to adopt a human approach in considering such applications. It directed the railway authorities to review the case afresh in accordance with Railway Board instructions and make a decision within the stipulated timeframe.
Broader Implications of the Judgment
This ruling sets an important precedent for compassionate appointment cases across India, particularly in government and public sector undertakings. It highlights the judiciary's role in ensuring that administrative decisions balance technical requirements with humanitarian considerations. The judgment may influence how authorities handle similar cases in the future, encouraging them to prioritize the welfare of families in distress over rigid procedural timelines.
The case also sheds light on the challenges faced by families dependent on compassionate appointment schemes, where delays and technicalities often exacerbate their financial struggles. By directing a fresh review, the High Court has reaffirmed the scheme's objective of providing timely support to those in need.
