Patna High Court
Administrative and Public LawEmployment and Labour Law

A decade-long delay defeats the purpose of compassionate appointment.

Brajesh Kumar vs The Union of India

Patna High CourtJUDGMENT: October 13, 20262 MIN READSOURCE JUDGMENT
A decade-long delay defeats the purpose of compassionate appointment.. Brajesh Kumar vs The Union of India. Patna High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner’s father, a CRPF constable, died in harness on 3 March 2012.

Source reference: p. 2; para. 3

The petitioner’s mother sought compassionate appointment for him in August 2012 and was informed that she could apply after he attained majority.

Source reference: pp. 2–4; paras. 3–7

The petitioner applied on 24 April 2023, approximately eleven years after his father’s death.

Source reference: pp. 2–4; paras. 3–7

He was found medically unfit because he was 13 kg overweight, and his claim was rejected by memo dated 16 April 2024.

Source reference: pp. 2–4; paras. 3–7

He challenged that rejection, arguing, among other things, that physical standards should not apply to compassionate appointments.

Source reference: pp. 2–4; paras. 3–7
02

Issues

Whether the petitioner was entitled to compassionate appointment when he first applied approximately eleven years after his father’s death, notwithstanding his minority at the time of the initial representation and the respondents’ communication that an application could be made after he attained majority.

Source reference: pp. 4, 8–9; paras. 8, 12–13

Whether the rejection of the petitioner’s application on medical-fitness grounds, including his being 13 kg overweight, warranted judicial relief.

Source reference: pp. 3–4, 8; paras. 5–7, 12
03

Law Applied

Compassionate appointment is an exception to ordinary recruitment, intended to provide immediate assistance to a deceased employee’s family facing financial crisis; it is not an alternative mode of employment or a vested right.

Source reference: pp. 5–6; para. 9

It cannot ordinarily be claimed after a reasonable period, once the immediate crisis has passed (*Umesh Kumar Nagpal v. State of Haryana*, (1994) 4 SCC 138, quoted at para. 9, pp. 5–6).

Source reference: pp. 5–6; para. 9

A vacancy cannot generally be reserved until a minor dependent attains majority, absent a specific provision, because the purpose is immediate relief (*Sanjay Kumar v. State of Bihar*, (2000) 7 SCC 192, quoted at para. 10, pp. 6–7).

Source reference: pp. 6–7; para. 10

The objective is to provide solace to the family at the time of the employee’s death; compassionate appointment is not an alternative to normal recruitment (*Indian Bank v. Promila*, (2020) 2 SCC 729, quoted at para. 11, pp. 7–8).

Source reference: pp. 7–8; para. 11

The Court noted that there was no provision in the rules to the contrary.

Source reference: p. 8; para. 13
04

Reasoning

Applying these principles, the Court held that the petitioner’s first application in April 2023—about eleven years after his father’s death—could not serve the purpose of relieving the family’s immediate financial crisis.

Source reference: pp. 8–9; paras. 12–13

The Court considered that the petitioner had been able to sustain himself during that period and concluded that the delay defeated the basis for compassionate appointment, notwithstanding the earlier communication concerning his minority.

Source reference: pp. 8–9; paras. 12–13

The Court also noted that the petitioner’s application had been considered and that he was found medically unfit because he was 13 kg overweight; it did not separately decide the petitioner’s argument about the applicability of physical standards.

Source reference: pp. 3, 8; paras. 5, 12
05

Holding

The Court held that the petitioner had not established a case for compassionate appointment because he applied approximately eleven years after his father’s death, and his application had also been rejected following a finding of medical unfitness.

It dismissed the writ application and granted no relief.

Source reference: pp. 8–9; paras. 12–14
Patna High Court

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Brajesh KumarvsThe Union of India

Patna High Court · October 13, 2026

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