The Director of Town Panchayat & Ors. v. M. Jayabal & Ors.

 Compassionate appointment, once accepted, cannot be re-opened to claim a higher post; belated claims defeat the very object of such appointment.

Neutral Citation & Date: 2025 INSC 1423 · Decided on 12 December 2025

Case Title: The Director of Town Panchayat & Ors. v. M. Jayabal & Ors. (connected appeals)
Court: Supreme Court of India, Civil Appellate Jurisdiction
Bench: Rajesh Bindal, J.; Manmohan, J.

 

Background

The respondents were dependants of deceased employees who had served as sweepers. Upon their fathers’ deaths, they applied for and were granted compassionate appointment as sweepers, which they accepted and joined. Several years later (after gaps of about three and nine years respectively), they filed writ petitions before the Madras High Court seeking appointment to the higher post of Junior Assistant, asserting that they were qualified at the time of initial appointment. The Single Judge allowed the claim, which was affirmed by the Division Bench and again in review. The State authorities appealed.

 

Issues Framed

1. Whether compassionate appointment is a matter of right?
2. Whether a dependant, after accepting compassionate appointment to a post, can later claim appointment to a higher post?
3. Whether delay and laches disentitle a claimant from relief in compassionate appointment matters?
4. Whether parity can be claimed on the basis of alleged similar benefits granted to others (negative discrimination)?
 

Court’s Reasoning

Issue 1: Nature of Compassionate Appointment

Legal rule/test:
The Court reiterated that compassionate appointment is an exception to the general rule of public employment under Arts. 14 and 16, Const. of India, granted purely on humanitarian grounds to tide over immediate financial crisis.

Precedents relied upon:

● Umesh Kumar Nagpal v. State of Haryana (Para 7)
● State of U.P. v. Premlata (Para 7.1–7.3)
● Tinku v. State of Haryana (Para 7.2)

Application:
Mere eligibility or higher qualification does not confer a right to appointment or to any particular post. Once employment is provided to alleviate financial distress, the object of compassionate appointment stands achieved (Para 7.3).

 

Issue 2: Claim for Higher Post after Acceptance

Legal rule/test:
Once the option for compassionate appointment is exercised and consummated by acceptance and joining, no second or further option arises; otherwise, it would lead to “endless compassion.”

Precedent:

● State of Rajasthan v. Umrao Singh (Para 9–10)

Application:
Both respondents had applied for and accepted appointment as sweepers. Their later demand for a higher post was impermissible, irrespective of qualifications, as the right stood exhausted upon acceptance (Para 10, 21).

 

Issue 3: Delay and Laches

Legal rule/test:
Compassionate appointment is intended for immediacy; prolonged delay dilutes the very basis of relief and disentitles discretionary remedies.

Precedents:

● State of Orissa v. Laxmi Narayan Das (Para 13)
● State of W.B. v. Debabrata Tiwari (Para 14–15)

Application:
The respondents approached the Court years after joining service, indicating that the family had already overcome financial crisis. Such delay was fatal to their claim (Para 15).

 

Issue 4: Negative Discrimination

Legal rule/test:
Article 14 does not envisage negative equality; an illegality or irregular benefit conferred on one person cannot be relied upon to claim similar relief.

Precedents:

● Tinku v. State of Haryana (Para 16)
● Jyostnamayee Mishra v. State of Odisha (Para 17–19)

Application:
Even if others were wrongly granted higher posts, that could not create a right in favour of the respondents. Courts cannot compel perpetuation of illegality (Para 18–19).

 

Decision / Disposition

The appeals were allowed. The judgments of the Single Judge and Division Bench of the Madras High Court were set aside. The writ petitions filed by the respondents were dismissed. No order as to costs (Para 25).

 

Ratio

A dependant who has accepted and joined a post offered on compassionate grounds cannot, after lapse of time, seek appointment to a higher post merely on the basis of qualification or parity, as compassionate appointment is a one-time humanitarian concession to meet immediate financial distress and not a continuing or upgradeable right (Para 10, 21).

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