Compassionate appointment - No strict adherence to age limit under the scheme.

Karnataka High Court Advocates for Humane Consideration in Compassionate Appointment Cases. Court emphasizes financial assessment over rigid age limits in compassionate appointment schemes.

In a significant ruling, the Karnataka High Court has directed the Northwestern Karnataka State Road Transport Corporation to reconsider a rejected application for compassionate appointment due to age constraints, emphasizing the need for a humane approach. The judgment was delivered by Mr. M. Nagaprasanna, J., in the case of Saroja v. Managing Director, Northwestern Karnataka State Road Transport Corporation, where the petitioner, Saroja, sought employment on compassionate grounds following the death of her husband, a driver cum conductor with the corporation.

The petitioner had applied for a compassionate appointment after her husband passed away in September 2023, leaving the family in financial distress. However, her application was rejected as she was 47 years old, exceeding the scheme's upper age limit of 43 years. Despite her representation detailing the dire financial situation of her family, the corporation maintained its stance based on the age criterion.

In its judgment, the High Court criticized the corporation's rigid adherence to age limits, arguing that such an approach undermines the purpose of compassionate appointments, which is to provide immediate relief to bereaved families in financial need. The court referred to precedents from the Supreme Court, including the landmark cases of Canara Bank v. Ajithkumar G.K. and Umeshkumar Nagpal v. State of Haryana, which underscore the importance of assessing the financial situation and indigence of the family over strict age barriers.

Justice Nagaprasanna asserted that compassionate appointment schemes should not merely serve as a recruitment tool but should fulfill their intended purpose of supporting families in distress due to the death of the sole breadwinner. The court directed the corporation to reassess Saroja's application, taking into account the special circumstances and her representations, within eight weeks.

This judgment is a call for organizations to frame policies that prioritize social justice and humane considerations, ensuring that families facing financial hardships due to the untimely death of an employee are not denied support because of technicalities like age limits.

Bottom Line:

Compassionate appointment - Application rejected due to applicant exceeding the prescribed age limit - Court emphasizes the need for humane consideration and assessment of financial circumstances of the family as a priority over strict adherence to age limit under the scheme.

Statutory provision(s): Service Law - Compassionate appointment, Apex Court guidelines on compassionate appointment, Social justice and humane considerations.

The High Court's decision highlights the judiciary's role in advocating for policies that extend beyond rigid frameworks to embrace compassionate and equitable solutions, reinforcing the principles of social justice.

Saroja v. Managing Director, Northwestern Karnataka State Road Transport Corporation, (Karnataka)(Dharwad) : Law Finder Doc Id # 2803485