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Service & Administrative LawSupreme Court of India

Supriya Suresh Patil @ Sow Supriya Pratik Kadam v. The State of Maharashtra & Ors.

Civil Appeal · 2018 INSC 466Decided 9 May 2018
Civil Appeal No. 5216 of 2018
Justice Kurian Joseph · Justice Mohan M. Shantanagoudar

Background

The appellant's application for a compassionate appointment had been rejected by the authorities and the rejection upheld by the Bombay High Court (Aurangabad Bench), mainly on the ground that the deceased employee's family had already managed to survive for over ten years without the job, so there was no "immediate necessity." The deceased's widow had actually been empaneled for compassionate appointment under the scheme but was denied the benefit only because she had crossed the applicable age limit.

Decision Breakdown

The Supreme Court held that merely surviving for ten years, without considering whether the family did so through hardship such as begging or borrowing, could not by itself be a valid reason to deny compassionate appointment. Since the widow had already been found eligible except for her age, the Court directed that her daughter (the appellant) be considered for compassionate appointment instead, modifying the High Court's judgment accordingly and directing the respondents to act within one month. The Court expressly invoked its special Article 142 power to do "complete justice" in the peculiar facts of this case and clarified that the order should not be treated as a general precedent.

Lesson Learnt

Compassionate appointment schemes exist to relieve genuine financial distress following a family's loss of its breadwinner, and the mere passage of time without the job cannot automatically defeat a claim: courts will look at how the family actually survived, not just how long.

Supriya Suresh Patil @ Sow Supriya Pratik Kadam v. The State of Maharashtra & Ors. – Legal Case Shots | LegalAware