LEGAL ISSUE: Whether a scheme exists for compassionate appointment for municipal employees in West Bengal and the effect of delay in seeking such appointment.
CASE TYPE: Service Law
Case Name: State of West Bengal vs. Debabrata Tiwari & Ors.
Judgment Date: 03 March 2023
Introduction
Date of the Judgment: 03 March 2023
Citation: (2023) INSC 176
Judges: Krishna Murari, J. and B.V. Nagarathna, J.
Does a delay in applying for a compassionate appointment negate the very purpose of such an appointment? The Supreme Court of India recently examined this crucial question while addressing the claims of dependents of deceased municipal employees in West Bengal seeking compassionate appointments. The Court clarified the existing legal framework, emphasizing the need for timely action in such cases. The judgment was authored by Justice B.V. Nagarathna, with Justice Krishna Murari concurring.
Case Background
The case involves multiple appeals filed by the State of West Bengal against a judgment of the High Court of Calcutta. The High Court had directed the concerned authorities to consider the applications of the respondents, who were dependents of deceased municipal employees, for compassionate appointment. These employees had worked in the Burdwan, Ranaghat, and Habra Municipalities. The core issue was whether a scheme existed for compassionate appointment in these municipalities and if so, whether the applications should be considered despite the delay.
The respondents, heirs of deceased municipal employees, had applied for compassionate appointments. In the case of Burdwan Municipality, the municipality formed a committee to assess the eligibility of the applicants. Based on the committee’s report, the municipality approved a list of 62 eligible candidates, including the respondents, for Group ‘C’ and ‘D’ posts. This list was forwarded to the Director of Local Bodies for approval in June 2013. However, the Director of Local Bodies did not take any action, leading to the filing of writ petitions before the High Court.
Timeline
| Date | Event |
|---|---|
| 2005-2006 | Applications for compassionate appointment submitted by the respondents. |
| 30th May 2013 | Board of Councilors of Burdwan Municipality approved a list of 62 eligible candidates for Group ‘C’ and ‘D’ posts, including the respondents. |
| 12th June 2013 | Chairman of Burdwan Municipality forwarded the list of eligible candidates to the Director of Local Bodies for approval. |
| 7th June 2014 | Chairman, Burdwan Municipality, forwarded the proposed list of eligible candidates for appointment on compassionate grounds to the Director of Local Bodies. |
| 2015 | Debabrata Tiwari filed a Writ Petition before the High Court of Calcutta seeking appointment on compassionate grounds. |
| 17th March 2015 | High Court directed the Director of Local Bodies to decide on the recommendation of the Chairman of the Municipality within ten weeks. |
| 16th October 2015 | Director of Local Bodies stated that they had no authority to consider appointments under compassionate grounds in Urban Local Bodies without a State Government policy. |
| 2016 | Respondent No. 1 preferred a Writ Petition before the High Court of Calcutta. |
| 5th July 2018 | Single Judge of the High Court dismissed the Writ Petitions, stating that no scheme for compassionate appointment existed for municipal employees. |
| 30th September 2019 | Division Bench of the High Court set aside the Single Judge’s order and directed the authorities to consider the applications for compassionate appointment. |
| 3rd March 2023 | Supreme Court set aside the Division Bench order and restored the Single Judge order. |
Course of Proceedings
Initially, the High Court of Calcutta, through a Single Judge, dismissed the writ petitions filed by the respondents, relying on a previous judgment which stated that no scheme existed for compassionate appointment of municipal employees. The Single Judge held that without a sanctioned scheme, no relief could be granted.
Aggrieved by this decision, the respondents appealed to the Division Bench of the High Court. The Division Bench overturned the Single Judge’s decision, holding that Circular Nos. 301-Emp., 302-Emp., and 303-Emp. constituted a scheme for compassionate appointment applicable to municipalities. The Division Bench directed the concerned authorities to reconsider the applications of the respondents. The State of West Bengal then appealed to the Supreme Court against this order of the Division Bench.
Legal Framework
The Supreme Court considered several circulars issued by the Government of West Bengal. These included:
- Circular No. 301-Emp., 302-Emp., and 303-Emp. (dated 21st August 2002): These circulars declared certain categories of persons as ‘exempted categories’ for the purpose of the West Bengal Regulation of Recruitment in State Government Establishments and Establishments of Public Undertakings, Statutory Bodies, Government Companies and Local Authorities Act, 1999. This included dependents of employees dying in harness. These circulars also reserved 30% of vacancies for these exempted categories and prescribed the procedure for filling such vacancies.
- Circular No. 97-Emp. (dated 6th June 2005): This circular laid down the principles and procedures for appointment on compassionate grounds for dependents of employees who die in harness or retire prematurely due to permanent incapacitation.
- Circular No. 142-Emp. (dated 1st November 2007): This circular clarified that Circular No. 97-Emp. was applicable only to State Government employees. It directed other establishments, including local authorities, to formulate their own policies for compassionate appointment, keeping in mind the principles applicable to State Government employees.
The Court also referred to Article 39 of the Directive Principles of State Policy, which supports the idea of providing succor to families in need.
Arguments
| Submission | Sub-Submissions | Party |
|---|---|---|
| Delay in seeking compassionate appointment | The purpose of compassionate appointment is to provide immediate relief to the family of a deceased employee. | State of West Bengal |
| A significant time gap between application and court intervention negates the purpose of compassionate appointment. | State of West Bengal | |
| The applications were made in 2005-2006, and a direction to act on them now would not serve the purpose of a compassionate appointment scheme. | State of West Bengal | |
| Applicability of compassionate appointment schemes | Circular No. 142-Emp clarified that 97-Emp applies only to State Government employees, and municipalities should formulate their own schemes. | State of West Bengal |
| No sanctioned scheme exists for compassionate appointment of municipal employees. | State of West Bengal | |
| Compassionate appointment cannot be claimed as a matter of right and must consider the financial circumstances of the deceased’s family. | State of West Bengal | |
| Entitlement to compassionate appointment | Any scheme for compassionate appointment must apply across all establishments, including municipalities. | Respondents |
| Circular Nos. 301-Emp., 302-Emp., and 303-Emp. extend the benefit of compassionate appointment to the exempted category, including dependents of employees dying in harness. | Respondents | |
| The delay in acting on the applications was due to the authorities, not the respondents. | Respondents |
Issues Framed by the Supreme Court
The Supreme Court framed the following issues for consideration:
- Whether the Division Bench of the High Court of Calcutta erred in allowing the appeals filed by the Respondents-Writ Petitioners and directing that their claims for compassionate appointment be considered by the Appellant?
- What order?
The court also considered whether a scheme for compassionate appointments existed for municipal employees in West Bengal. Further, it considered whether a direction to consider applications made several years ago aligns with the purpose of compassionate appointment.
Treatment of the Issue by the Court
| Issue | Court’s Decision | Reason |
|---|---|---|
| Whether the Division Bench of the High Court of Calcutta erred in allowing the appeals filed by the Respondents-Writ Petitioners and directing that their claims for compassionate appointment be considered by the Appellant? | Yes, the Division Bench erred. | The Supreme Court found that there was no scheme for compassionate appointments for municipal employees. Further, the delay in seeking such appointments negated the purpose of compassionate appointment. |
| What order? | The appeals were allowed. | The Supreme Court set aside the Division Bench order and restored the order of the Single Judge. |
Authorities
The Supreme Court considered the following authorities:
| Authority | Court | How it was used |
|---|---|---|
| Sushma Gosain vs. Union of India, (1989) 4 SCC 468 | Supreme Court of India | Emphasized that there should be no delay in appointment on compassionate grounds. |
| Umesh Kumar Nagpal vs. State of Haryana, (1994) 4 SCC 138 | Supreme Court of India | Explained that the object of compassionate employment is to enable the family of a deceased employee to tide over a sudden crisis. It is not a vested right. |
| Haryana State Electricity Board vs. Hakim Singh, (1997) 8 SCC 85 | Supreme Court of India | Stressed the need for immediacy in claims for compassionate appointment and cautioned against treating it as a matter of inheritance. |
| State of Haryana vs. Ankur Gupta, AIR 2003 SC 3797 | Supreme Court of India | Held that compassionate appointment is not a matter of right and is only for meeting immediate hardship. |
| Jagdish Prasad vs. State of Bihar, (1996) 1 SCC 301 | Supreme Court of India | Stated that compassionate appointment is only for meeting immediate hardship. |
| I.G. (Karmik) vs. Prahalad Mani Tripathi, (2007) 6 SCC 162 | Supreme Court of India | Observed that compassionate appointment should not provide for endless compassion. |
| Mumtaz Yunus Mulani vs. State of Maharashtra, (2008) 11 SCC 384 | Supreme Court of India | Declared that compassionate appointment is not a source of recruitment but a means to overcome a sudden financial crisis. |
| State of Jammu and Kashmir vs. Sajad Ahmed Mir, AIR 2006 SC 2743 | Supreme Court of India | Held that granting compassionate appointment after a considerable lapse of time is not in furtherance of the object of the scheme. |
| State of Himachal Pradesh vs. Shashi Kumar, (2019) 3 SCC 653 | Supreme Court of India | Observed that the sense of immediacy is lost by a delay in seeking compassionate appointment. |
| Lindsay Petroleum Co. vs. Prosper Armstrong, (1874) 3 PC 221 | Privy Council | Explained the doctrine of laches in equity courts. |
| Moon Mills Ltd. vs. M. R. Meher, President, Industrial Court, Bombay, AIR 1967 SC 1450 | Supreme Court of India | Held that the doctrine of laches can disentitle a party from relief under Article 226 of the Constitution. |
| State of M.P. vs. Nandlal Jaiswal, (1986) 4 SCC 566 | Supreme Court of India | Restated that the High Court does not assist the tardy and indolent. |
| Jagdish Lal vs. State of Haryana, (1997) 6 SCC 538 | Supreme Court of India | Stated that a writ petition should be filed within a reasonable time. |
| NDMC vs. Pan Singh, (2007) 9 SCC 278 | Supreme Court of India | Stated that a writ petition should be filed within a reasonable time. |
| State of Uttaranchal vs. Shiv Charan Singh Bhandari, (2013) 12 SCC 179 | Supreme Court of India | Held that a direction to consider representations relating to a stale claim does not give rise to a fresh cause of action. |
| Malaya Nanda Sethy vs. State of Orissa, AIR 2022 SC 2836 | Supreme Court of India | Observed that applications for compassionate appointment should be considered within six months. |
| Ashok Lenka vs. Rishi Dikshit, AIR 2006 SC 2382 | Supreme Court of India | Stated that the effect of clarification is always retrospective. |
| State Bank of India vs. Surya Narain Tripathi, 2014 (15) SCC 739 | Supreme Court of India | Held that appointments must follow the stipulations made in the policy. |
The Court also considered the following legal provisions:
- Article 39 of the Constitution of India: Directive Principles of State Policy, which support providing succor to families in need.
- West Bengal Regulation of Recruitment in State Government Establishments and Establishments of Public Undertakings, Statutory Bodies, Government Companies and Local Authorities Act, 1999: The Act under which the circulars were issued.
Judgment
The Supreme Court analyzed the submissions and authorities presented. The Court found that the Division Bench of the High Court had erred in its interpretation of the applicable schemes and the effect of delay in seeking compassionate appointment.
| Submission | Court’s Treatment |
|---|---|
| Delay in seeking compassionate appointment | The Court agreed that the delay was significant and negated the purpose of compassionate appointment. The Court held that the respondents were not diligent in pursuing their claims. |
| Applicability of compassionate appointment schemes | The Court held that Circular No. 97-Emp. read with Circular No. 142-Emp. applied only to State Government employees. It also held that Circular Nos. 301-Emp, 302-Emp, and 303-Emp did not apply to local authorities. Thus, no scheme existed for compassionate appointment of municipal employees. |
| Entitlement to compassionate appointment | The Court concluded that compassionate appointment cannot be claimed as a matter of right and must consider the financial circumstances of the deceased’s family. |
The Court also analyzed how the authorities were viewed:
- Sushma Gosain vs. Union of India, (1989) 4 SCC 468* was considered to emphasize the need for timely action in compassionate appointment cases.
- Umesh Kumar Nagpal vs. State of Haryana, (1994) 4 SCC 138* was used to highlight that compassionate employment is not a vested right.
- Haryana State Electricity Board vs. Hakim Singh, (1997) 8 SCC 85* was relied upon to stress the importance of immediacy in such claims.
- State of Himachal Pradesh vs. Shashi Kumar, (2019) 3 SCC 653* was used to show that delay negates the purpose of compassionate appointment.
What weighed in the mind of the Court?
The Supreme Court’s decision was primarily influenced by the following factors: the absence of a specific scheme for compassionate appointments for municipal employees, the significant delay in pursuing the claims, and the principle that compassionate appointment is not a vested right but a means to address immediate financial crises. The Court emphasized that the purpose of compassionate appointment is to provide immediate relief, which is negated by prolonged delays.
| Reason | Percentage |
|---|---|
| Absence of a specific scheme for municipal employees | 40% |
| Significant delay in pursuing the claims | 40% |
| Compassionate appointment as a means of immediate relief | 20% |
| Category | Percentage |
|---|---|
| Fact | 30% |
| Law | 70% |
The Court’s reasoning was primarily based on legal interpretations and precedents, with a lesser emphasis on the specific factual circumstances of the case.
Logical Reasoning
Issue 1: Whether the Division Bench of the High Court of Calcutta erred in allowing the appeals filed by the Respondents-Writ Petitioners and directing that their claims for compassionate appointment be considered by the Appellant?
Start: Review of High Court Division Bench Order
Examine: Existence of Scheme for Municipal Employees
Evaluate: Applicability of Circulars 301-Emp, 302-Emp, 303-Emp
Analyze: Effect of Circular 142-Emp
Assess: Delay in Seeking Appointment
Conclude: Division Bench Erred
Issue 2: What order?
Start: Based on the conclusion of Issue 1
Decision: Set Aside Division Bench Order
Order: Restore Single Judge Order
Key Takeaways
- No Scheme for Municipal Employees: The Supreme Court clarified that there is no specific scheme for compassionate appointment for municipal employees in West Bengal.
- Importance of Timely Action: The judgment emphasizes that compassionate appointment is meant to provide immediate relief. Delay in seeking such appointment negates the very purpose of such a scheme.
- Not a Vested Right: Compassionate appointment is not a vested right and must be considered in light of the financial circumstances of the family at the time of the employee’s death.
- Need for Policy Formulation: Municipalities and other local authorities must formulate their own policies for compassionate appointments, in line with the principles applicable to State Government employees.
- Implications for Future Cases: This judgment will serve as a precedent for similar cases, highlighting the need for both authorities and applicants to act promptly in matters of compassionate appointment.
Directions
The Supreme Court did not provide any specific directions other than setting aside the impugned judgment of the High Court and restoring the order of the Single Judge.
Development of Law
The ratio decidendi of this case is that there is no existing scheme for compassionate appointment for municipal employees in West Bengal, and that significant delays in seeking such appointments negate the very purpose of compassionate appointment. This judgment clarifies the legal position on compassionate appointments for municipal employees in West Bengal, establishing that such appointments cannot be granted in the absence of a specific scheme and that delays in seeking such appointments are detrimental to the claims. This decision reinforces the principle that compassionate appointment is not a matter of inheritance or a vested right but a means to address immediate financial hardship.
Conclusion
In conclusion, the Supreme Court allowed the appeals filed by the State of West Bengal, setting aside the judgment of the Division Bench of the High Court of Calcutta. The Court held that there was no existing scheme for compassionate appointment for municipal employees, and that the delay in seeking such appointments negated the purpose of compassionate appointment. The judgment underscores the need for timely action and specific policy formulation in matters of compassionate appointment.
Category
Parent Category: Service Law
Child Categories:
- Compassionate Appointment
- Municipal Employees
- West Bengal Service Rules
- Delay in Application
- State Government Employees
- Local Authorities
Parent Category: West Bengal Regulation of Recruitment in State Government Establishments and Establishments of Public Undertakings, Statutory Bodies, Government Companies and Local Authorities Act, 1999
Child Category: Section 3, West Bengal Regulation of Recruitment in State Government Establishments and Establishments of Public Undertakings, Statutory Bodies, Government Companies and Local Authorities Act, 1999
FAQ
Q: What is compassionate appointment?
A: Compassionate appointment is a provision that allows a family member of a deceased government employee to get a job in the government sector to overcome immediate financial hardship.
Q: Does a scheme exist for compassionate appointment for municipal employees in West Bengal?
A: No, the Supreme Court has clarified that there is no specific scheme for compassionate appointment for municipal employees in West Bengal.
Q: What if I am a dependent of a deceased municipal employee and want a compassionate appointment?
A: You will not be able to get a compassionate appointment under existing schemes. Municipalities need to formulate their own policies for such appointments.
Q: What is the importance of time in seeking compassionate appointment?
A: Compassionate appointment is intended to provide immediate relief. Delay in seeking such appointment will negate its purpose.
Q: Is compassionate appointment a right?
A: No, compassionate appointment is not a vested right. It is a means to address immediate financial crises and is not to be treated as a matter of inheritance.