Orissa High Court Upholds Compassionate Appointment for Employee's Kin
Tribunal's directive affirmed; SAIL's technical denial deemed arbitrary and overturned.
In a significant judgment, the Orissa High Court has upheld the compassionate appointment of Ashok Kumar Giri, whose father, an employee of the Steel Authority of India Ltd. (SAIL), passed away due to cardiac arrest. This decision comes after the Central Administrative Tribunal, Cuttack Bench, had directed SAIL to grant the appointment, which was contested by the company.
The case centers around the compassionate appointment scheme under a circular dated August 26, 2010, which permits such appointments for families of employees who die of specific ailments including kidney failure, heart stroke, or cancer. Despite the medical report from the S.C.B. Medical College confirming the cause of death as cardiac arrest a condition linked to heart issues the SAIL's Expert Committee contradicted this finding, leading to the denial of the appointment.
The High Court bench, comprising Justices S.K. Sahoo and S.S. Mishra, criticized the reliance on hyper-technical interpretations by SAIL's committee. The judgment emphasized that the refusal of the appointment based on such technical grounds was arbitrary, especially when the deceased employee had been undergoing treatment for heart and kidney problems at a premier medical institution.
The bench further noted that the company's actions violated the Tribunal's earlier order, which cautioned against disregarding the medical findings in favor of technicalities. The court dismissed SAIL's writ petition against the Tribunal's order, stating that the company's actions were illegal and lacked application of mind.
The judgment reflects a legal precedent emphasizing the humane aspect of compassionate appointments, urging employers to prioritize substantial evidence over technical semantics, especially in matters involving family welfare.
Bottom Line:
Compassionate appointment cannot be denied on hyper-technical grounds, especially when the cause of death falls under the eligible category as per the scheme, and the findings of a premier medical institution are disregarded arbitrarily.
Statutory provision(s): Circular dated 26.08.2010, Scheme for Compassionate Appointment, Orders of Central Administrative Tribunal
