Uttarakhand High Court Compassionate Appointment Re Appointment

Observing that a compassionate appointment is not an “alternative mode” of recruitment or a means of “career advancement”, the Uttarakhand High Court recently dismissed the plea of a junior assistant who sought appointment as a junior engineer after upgrading his educational qualifications during service.

Justice Manoj Kumar Tiwari pointed out that a compassionate job is granted to a dependent family member of a late employee only to help the family tide over “sudden financial distress” and not to secure future advancement to higher posts

“Merely because a dependent of a deceased employee is educationally qualified for appointment to a superior post will not entitle him to claim appointment to such superior post. Compassionate appointment is not an alternative mode of recruitment or career advancement, but it is a Socio-Welfare measure meant to bail the family out of an emergency,” the May 25 order read.

The high court was hearing a plea filed by a junior assistant, who had been appointed on compassionate grounds in 2009, challenging the state government’s decision rejecting his claim for appointment as a junior engineer.

It was placed on record that the petitioner was given a compassionate appointment as a junior assistant in the district rural development agency on September 9, 2009, as his father, who served as a junior engineer, died while in service on May 12, 2006. At the time of his appointment, the petitioner allegedly possessed intermediate qualifications only.

Subsequently, the petitioner upgraded his educational qualification and acquired a diploma in civil engineering, while in service, and he then staked a claim for appointment as a junior engineer based on his academic qualification. However, his claim was turned down by the state government, by an order dated November 2, 2023.

It was added that the state government’s November 2023 order held that the dependent of a late employee can claim compassionate appointment only once, and after availing that right in 2009 by joining the post of junior assistant, the petitioner cannot claim reappointment to the post of junior engineer, based on his upgraded qualification.

Aggrieved by the same, the petitioner filed this plea before the Uttarakhand High Court. Advocate Amar Murti Shukla was representing the petitioner, while the state was represented by advocate R C Joshi.

In an unrelated case, the Calcutta High Court refused regularisation of a panchayat worker with over two decades of service, observing that the “courts cannot reward an appointment made through personal discretion disregarding the law”.

Justice Ananya Bandyopadhyay further noted that compassion cannot “trump” the Constitution, and sentiment cannot substitute for statutory compliance.

“Courts cannot rehabilitate what the statute does not recognise. The remedy of regularisation is, therefore, untenable,” the court said in its December 2025 order.

The court further added that such appointments would only embolden “illegality and prejudice” affecting the rights of the countless eligible candidates or aspirants who never had the opportunity to compete.

Richa Sahay is a Legal Correspondent for The Indian Express, where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape. Expertise Advanced Legal Education: As a law postgraduate, Richa possesses the academic depth required to interpret intricate statutes and constitutional nuances. Her background allows her to provide more than just summaries; she offers context-driven analysis of how legal changes impact the average citizen. Specialized Beat: She operates at the intersection of law and public policy, focusing on: Judicial Updates: Providing timely reports on orders from the Supreme Court of India and various High Courts. Legal Simplification: Translating dense "legalese" into accessible, engaging narratives without sacrificing factual accuracy. Legislative Changes: Monitoring new bills, amendments, and regulatory shifts that shape Indian society. ... Read More