Compassionate posts in government jobs not matter of right: Karnataka HC

The counsel for the son argued that he should be considered for appointment for the scheme as existing in 2011, adding that he was qualified for the junior engineer and supervisory posts and that similar people had been given employment. It was also submitted that it was found through RTI Act that there were indeed vacancies for the post.

The counsel for Karnataka State Road Transport Corporation (KSRTC) argued that compassionate posting was not a matter of right, and a new scheme had come into force by 2018.

The son had refused the posts available under this scheme. It was also pointed out that it would defeat the purpose of compassionate posts to give a job after 10 years.

The bench stated, “The purpose and object of providing compassionate appointment is to see that the family of the deceased employee overcome the financial difficulty due to the sudden death of the bread winner. In the instant case, the bread winner died in the year 2011 and thereafter, employment offered by the respondent-Corporation was not accepted by the second petitioner.

“If there was necessity of employment due to the death of breadwinner, the 2nd petitioner ought to have accepted offer of the respondent-Corporation to appoint 2nd petitioner as Grade-III Security guard or Junior Assistant-cum-Data entry operator… when compassionate appointment cannot be sought as a matter of right, at the same time (one) has no right to seek compassionate appointment to a particular post. When the petitioners are able to survive without compassionate appointment for more than a decade, it means, they may not require appointment much less for compassionate appointment.”

The petition of the son was then rejected.