New Delhi: The Central Information Commission (CIC) has ruled that employment granted on compassionate grounds in government departments is not a vested right but an exception to the normal recruitment process, while flagging serious transparency and administrative shortcomings in how such appointments are handled.
In an order with wide-ranging implications for public administration, the CIC warned that opaque decision-making, unclear policies, and lack of disclosure in compassionate appointment cases are fueling disputes, litigation, and a growing number of Right to Information (RTI) applications across the country.
The Commission directed the Central GST and Central Excise Department in Lucknow to disclose records of the Departmental Screening Committee (DSC) related to a compassionate appointment case. It emphasized that confidentiality in such matters weakens accountability and undermines public trust.
Information Commissioner Vinod Kumar Tiwari stated that once a government department acknowledges that a case has been examined by a departmental committee, all records related to that process fall squarely within the scope of the RTI Act.
“Once it is admitted that the appellant’s case was considered by the Departmental Screening Committee, records of such deliberations—including meeting minutes and merit lists prepared using a marking system—constitute ‘information’ under Section 2(f) of the RTI Act,” the Commission observed.
The CIC criticized departments for giving vague replies, noting that merely stating an applicant’s name was considered but not recommended—without disclosing relevant records, particularly the merit list—does not fulfill transparency obligations under the law.
The Commission further observed that compassionate appointments, meant to be exceptions to standard recruitment, are increasingly becoming sources of controversy due to lack of clear criteria, inconsistent evaluation, and non-disclosure of records. Such opacity, it said, prevents applicants from understanding how decisions are made and erodes confidence in public institutions.
While acknowledging concerns related to third-party personal information, the CIC maintained that appointments made on compassionate or concessional grounds must still be subject to public scrutiny. It pointed out that courts have upheld the disclosure of category-wise merit lists even in competitive examinations, and transparency cannot be diluted merely because the appointment is compassionate in nature.
The Commission ordered the department to provide certified copies of DSC meeting records, including merit lists based on marks awarded under different parameters—limited strictly to the applicant’s case—within three weeks.
Adopting a broader national perspective, the CIC noted a growing misconception among applicants that compassionate appointment is an entitlement. “Compassionate appointment is not a vested right, but an exception to the normal recruitment process,” the Commission reiterated, clarifying that its sole purpose is to provide immediate financial relief to the family of a deceased employee facing extreme hardship.
Invoking its advisory powers under Section 25(5) of the RTI Act, the CIC urged government departments to review and revise their compassionate appointment policies, drawing lessons from best practices followed elsewhere to improve transparency, consistency, and accountability.