Court affirms policy adherence, denies retrospective application of amended circular for compassionate appointments
In a significant ruling, the Chhattisgarh High Court dismissed the appeal of Minketan Chandra and others against South Eastern Coalfields Limited (SECL), upholding the dismissal of their writ petition for compassionate appointment. The bench, comprising Chief Justice Ramesh Sinha and Justice Arvind Kumar Verma, confirmed that the policy applicable at the time of the employee's death governs the claim for compassionate appointment and rejected the plea for retrospective application of a later policy amendment.
The case centered on the claim by Minketan Chandra, whose father, Lakhan Lal Chandra, an employee of SECL, passed away on December 26, 2018. The appellants sought a compassionate appointment based on an amended circular issued on June 25, 2024, which allowed for compassionate appointments even if another dependent was already employed.
However, the court underscored that the governing policy in effect at the time of the employee's death was the circular dated March 13, 1981. This policy explicitly prohibits compassionate appointments if a dependent is already employed, irrespective of whether that employment is temporary or permanent. The court noted that Minketan's mother was employed as a teacher, rendering the claim ineligible under the existing rules.
The court emphasized that compassionate appointments are intended to alleviate immediate financial hardship and are not an entitlement. It found no substantial evidence of severe financial distress in the appellants' submissions that could justify overriding the policy.
The judgment reinforces the principle that compassionate appointments are exceptions to recruitment rules, governed strictly by the policy in force at the employee's death. The court found no legal basis for applying amendments retrospectively unless explicitly stated.
Bottom Line:
Compassionate appointment - Applicability of governing policy on the date of death of the employee - Subsequent amendments or circulars cannot be applied retrospectively unless expressly provided.
Statutory provision(s): Chhattisgarh High Court (Appeal to Division Bench Act, 2006) Section 2(1), Circular dated 13.03.1981, Circular dated 25.06.2024.
