SC: Employment on compassionate ground no ladder for promotion

SC: Employment on compassionate ground no ladder for promotion

Dhananjay.Mahapatra@timesofindia.com 15.12.2025

New Delhi : In an important ruling, Supreme Court has said that a person employed on compassionate grounds to alleviate family difficulties because of death of a parent in harness cannot seek appointment to higher posts merely because they have the requisite qualifications for the same.

 A bench of Justices Rajesh Bindal and Manmohan on Friday reversed a Madras high court judgment directing Tami Nadu govt to promote two persons initially appointed as sweepers on compassionate grounds, due to death of their fathers, as Junior Assistants as they had the requisite qualifications for that post at the time of their appointment in 2007 and 2012. 

Both had approached HC in 2015. The bench said employment is provided on compassionate grounds to the eligible kin of an employee who dies in harness to enable the family of the deceased to tide over difficult times. “Such appointment which is arising out of exceptional circumstances cannot be used as a ladder to climb up in seniority by claiming a higher post merely on the basis that he/ she is eligible for such post,” it said. 

Writing the judgment, Justice Bindal said once the dependent of a deceased employee is offered employment on a compassionate basis, their right stands exercised. “Thereafter, no question arises for seeking appointment to a higher post. Otherwise, it would be a case of ‘endless compassion’,” he said. 

The bench said compassionate appointment is a relief against financial hardship caused by the sudden and unforeseen loss of the earning member of a family, and employment to the kin of the deceased is provided under such circumstances to ensure that the family members do not face impoverishment.