My father was working on the post of Chowkidar in the office of Public Health Department. He died on May 23, 2021 with Corona. At the time of his death he was serving on work charge basis and paid salary from the contingency fund. He was provided compensatory amount of ₹ 3 lakh as per policy prevalent at the time of his death. After the death of my father, the policy for appointment on compassionate grounds came to be amended vide circular dated 31. 08. 2021 and it was provided that even in the case of death of the employee working on work charge basis, his one of the hairs/dependents shall be eligible for the appointment on compassionate grounds. Before his death there was no such policy. Can I get a job on compassionate basis from the Public Health Department under the present Policy as now I am applying for Compassionate appointment when new policy has been invoked .
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As per settled position of law laid down by the Honourable Supreme Court for appointment on compassionate ground, the policy prevalent at the time of death of the deceased employee only is required to be considered and not subsequent policy. In the case of Indian Bank and others Versus Pramila and another (2020) 2 SCC 729, it is observed and held that claim for compassionate appointment must be decided only on the basis of relevant scheme prevalent on the date of the demise of the employee and subsequent scheme cannot be looked into. Similar view has been taken by the honourable apex court in the case of State of Madhya Pradesh Versus Amit Shrivas, (2020) 10 SCC 496. In that view of the matter, you cannot take advantage of the new scheme thereunder the benefit of compassionate appointment has also been extended to the heir/dependent of deceased employee working on work charge basis.