Kerala LSGD has rejected the compassionate appointment application of Shiros S.L., son of late Overseer Sabjan K., citing unauthorized leave and financial status. Read details.
The Government of Kerala, through its Local Self-Government Department (LSGD), has issued an order rejecting the application for compassionate appointment filed by Shri. Shiros S.L. The application was made under the Compassionate Employment Scheme following the demise of his father, late Shri. Sabjan K., who was an Overseer Grade I at Kottarakkara Grama Panchayat (now Municipality).
Quick Overview
| Organization | Kerala Local Self-Government Department (LSGD) |
|---|---|
| Subject of Order | Rejection of Compassionate Appointment Application |
| Order Number | S.O.(Ms.) No. 52/2026/LSGD |
| Order Date | 13-02-2026 |
| Applicant | Shri. Shiros S.L. |
| Deceased Employee | Late Shri. Sabjan K., Overseer Grade I |
| Status of Application | Rejected |
| Official Website | cdnbbsr.s3waas.gov.in (as per PDF source domain, specific portal not mentioned in order) |
Background of the Case
The deceased employee, Shri. Sabjan K., was granted leave without pay for 5 years from 18.06.1980 to work abroad. This was further extended for another 5 years from 19.06.1985. However, after the specified period, he continued to work abroad on unauthorized leave and passed away on 09.11.2001. Subsequently, his son, Shri. Shiros S.L., submitted an application for compassionate appointment. This application was initially rejected by the government on 18.06.2004, citing that Shri. Sabjan K. was on unauthorized leave without government permission since 1990, exceeding the permissible 20-year period.
Legal Interventions and Reconsideration
Challenging the initial rejection, the deceased’s wife, Smt. Laila Sabjan, filed a writ petition (WP(C) No. 3514/06) before the Hon’ble High Court, which was later transferred to the Kerala Administrative Tribunal as TA No. 203/2014. The Tribunal, through its order dated 17.10.2017, directed the government to reconsider the case similar to those who die in service, noting that no disciplinary action was initiated against Shri. Sabjan K. Based on this directive, and a subsequent government order dated 20.10.2018, Shri. Shiros S.L. submitted a revised application for compassionate appointment on 19.01.2019.
Reasons for Rejection
After detailed examination, the government has decided to reject the revised application for the following reasons:
- Unauthorized Long Absence: The deceased employee was on unauthorized leave for 21.5 years, having left service without permission, which significantly exceeds any permissible leave duration.
- No Financial Destitution: The government concluded that the family was not financially dependent on the government salary during the long period of unauthorized absence. The primary objective of compassionate appointment is to alleviate sudden financial crisis due to the demise of the sole breadwinner, which was deemed not present here, especially as family pension benefits were already sanctioned to the wife.
- Hypothetical Disciplinary Action: The government considered that had timely disciplinary action been taken against Shri. Sabjan K. for his unauthorized absence, he would likely have been removed from service, rendering his dependents ineligible for compassionate appointment.
- Compassionate Appointment as Exception: Citing various Supreme Court rulings, the government reiterated that compassionate appointment is not a right but an exception, granted under specific rules and regulations, and is subject to strict scrutiny of the family’s financial condition.
- Lack of Service Records: During the review, efforts to trace the service book and service certificate from the Kottarakkara Panchayat office were unsuccessful.
Key Principles of Compassionate Appointment (as per Court Rulings)
The government order extensively cites various Supreme Court judgments to underpin its decision, highlighting the core principles governing compassionate appointments:
- Not a Right, but an Exception: Appointments on compassionate grounds are not a source of recruitment but an exception to the general rule of open invitation and merit-based selection (Umesh Kumar Nagpal v. State of Haryana and Other, 1994).
- Objective: Alleviate Sudden Financial Crisis: The primary aim is to help the bereaved family overcome sudden financial destitution caused by the death of the sole breadwinner, leaving them helpless and penniless (CIVIL APPEAL NO. 6348 OF 2013, CIVIL APPEAL No. 8540 OF 2024).
- Strict Scrutiny of Financial Condition: Such appointments must be made after proper and strict scrutiny of the family’s financial condition, ensuring that the appointment is truly necessary to help them get over an urgent financial situation (Punjab National Bank & Ors vs Ashwini Kumar Taneja, 2004).
- Adherence to Rules: Compassionate appointments must be in accordance with the rules, regulations, or administrative instructions, taking into consideration the financial condition of the family of the deceased.
- Death in Harness Not Sole Criterion: Mere death of a government employee in harness does not automatically entitle the family to claim compassionate employment.
The government carefully weighed the specific circumstances of the case, the financial status of the family, and the legal precedents, concluding that the application for compassionate appointment was not maintainable.
Understanding Compassionate Appointment
The Compassionate Appointment Scheme is a welfare measure initiated by the government to provide immediate financial relief to the family of a deceased government employee who dies in harness, leaving their family in sudden destitution. It is intended to help the family tide over the immediate crisis, not to provide a perpetual source of employment. The scheme operates under strict rules and guidelines, emphasizing the financial hardship of the family as the primary criterion, rather than merely the death of the employee. Eligibility often includes criteria such as the deceased’s service period, the family’s income, and the number of dependents.
Frequently Asked Questions (FAQs)
Can I apply for compassionate appointment if my family member died after retirement?
Generally, compassionate appointment is applicable only if the government employee dies while still in service (dies in harness). If a family member dies after retirement, the family is usually not eligible for compassionate appointment, as the primary objective is to address sudden financial destitution, which is typically covered by pension and retirement benefits.
What is the primary objective of compassionate appointment?
The primary objective of compassionate appointment is to provide immediate financial relief to the family of a deceased government employee who dies in service, leaving the family in sudden financial hardship. It is not intended to be another source of recruitment or a right to employment.
Is compassionate appointment a right?
No, compassionate appointment is not a right. It is an exception to the general rule of public employment based on merit and open competition. It is a concession granted by the government under specific rules and regulations, subject to strict scrutiny of the family’s financial condition and other eligibility criteria.
What if the deceased employee was on unauthorized leave?
As highlighted in this case, if the deceased employee was on long-term unauthorized leave, especially for extended periods, it significantly impacts the eligibility for compassionate appointment. The government may argue that the family was not financially dependent on the government salary during that period, and the employee might have faced disciplinary action leading to removal from service, had they been alive.
Are financial conditions considered for compassionate appointments?
Yes, financial condition is a critical factor. The scheme is specifically designed to alleviate sudden financial destitution. The government rigorously assesses the family’s economic status, including other sources of income, pension, and assets, to determine if genuine hardship exists.
What documents are typically required for compassionate appointment applications?
While specific requirements vary, generally, applicants need to submit the death certificate of the employee, proof of relationship, educational qualifications of the applicant, income certificate of the family, details of other family members and their employment status, and any other documents related to the deceased employee’s service record.
Can a rejected application for compassionate appointment be appealed?
Yes, as seen in this case, a rejected application can be challenged through legal channels, such as filing a writ petition in the High Court or approaching administrative tribunals. The courts will review whether the government’s decision was fair, just, and in accordance with the established rules and legal precedents.