The Supreme Court held that ‘suitable employment’ for compassionate appointment has to be understood with reference to the post held by the deceased employee.

In Suneel Kumar v. State of UP, the SC interpreted Rule 5 of the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974. The appellant’s father had died in harness, making the appellant eligible to get the same position as the deceased, as compassionate appointment. In this case, the position was that of a sweeper, a Class-IV post, which is what was also offered to the Appellant.

The Appellant was a graduate who was also computer literate and rejected the offer. He filed a representation seeking appointment as  Gram Panchayat Officer, a Class-III post. It was argued that the words ‘suitable employment’ would mean a position suitable to the person being appointed.

The SC held that the superior qualification held by a dependant cannot determine the scope of the words ‘suitable employment. The Apex Court directed the authority to appoint the person in the position of a sweeper.