No job to financially sound families on compassionate grounds: HC

In a significant ruling, the Aurangabad bench of the Bombay High recently held financially sound families cannot be given government jobs on ‘compassionate’ grounds. The HC said before giving jobs on compassionate grounds, one has to consider the financial crunches of the family.

A division bench of Justice Sanjay Gangapurwala and Justice Arun Dhavale held, “There is no doubt in the fact that the grant of retiral benefits by itself would not take away the right to claim appointment on compassionate ground. But if the family is not in financial crunches on account of receipt of a huge amount of retiral benefits and on account of handsome family pension, the appointment on compassionate ground, being discretionary cannot be given to such a family, which is not having financial crunches.”

The judges were hearing a petition of Seema Kausar (24), who was seeking a government job on the compassionate basis. She was seeking the job after the death of her father, who was working as a teacher in the Urdu Education Society, Aurangabad.

Seema’s family consisting of her mother and three siblings, had consented for her job, however, the Urdu Society opposed her contention. The Society highlighted the fact that Seema was already married and her family including her husband was financially sound.

The Society apprised the judges of the fact that Seema’s husband was gainfully employed. It also highlighted the fact that Seema’s mother was drawing Rs 20, 000 as a pension and had also received huge amounts post the death of her father. It also informed the judges that both the sisters of Seema were employed – one as a medical officer in a government hospital and the other as a teacher.

However, Seema denied all the claims of the Society. She vehemently opposed all the arguments of the Society.

Having considered the material on record, the judges dismissed Seema’s petition saying, “The petitioner is a married daughter and a married daughter is not eligible for appointment on compassionate grounds. Also, the fact that the family has received huge amounts by from the PF, gratuity and other retiral benefits, post the death of the petitioner’s father. Thus, the application deserves to be rejected on the ground of sound financial position of the family.”