Facts
The petitioner’s father, R.K.S. Thakur, a Patwari, died while in service on November 4, 1996
Source reference: para. 2The petitioner was a minor at the time and submitted an application for compassionate appointment in 2006 upon reaching majority, which was rejected
Source reference: para. 2, 5In 2017, the petitioner’s brother also applied for compassionate appointment; however, the Deputy Collector rejected the claim on April 12, 2017, on the grounds that the petitioner’s mother was already in government service
Source reference: para. 2, 5The petitioner filed the present writ petition in 2022, seeking to quash the 2017 order and directing the authorities to employ him on compassionate grounds
Source reference: para. 1, 3Issues
1. Whether a claim for compassionate appointment can be entertained after a delay of approximately 24-26 years from the date of the employee's death
Source reference: para. 82. Whether the petitioner can maintain a challenge against an order passed in 2017 regarding his brother's application to seek relief for himself in 2022
Source reference: para. 7Law Applied
The Court emphasized that compassionate appointment is an exception to the general rule of public employment, intended solely to provide immediate financial assistance to a family in penury following the death of a breadwinner
Source reference: para. 9The Court relied on State of Maharashtra v. Ms. Madhuri Maruti Vidhate (2022 SC), which held that appointment after a significant lapse of time is contrary to the object of the policy
Source reference: para. 9It further cited Punjab State Power Corporation Limited v. Nirval Singh (2019), establishing that long delays (e.g., 7 years) extinguish the objective of providing immediate amelioration to the family
Source reference: para. 10Reasoning
The Court observed that the cause of action originally arose in 1996, yet the petitioner approached the Court in 2022, marking a delay of 24 years
Source reference: para. 8The Court dismissed the petitioner’s argument that the COVID-19 pandemic caused the delay, labeling the plea "absurd" given the decades-long timeline
Source reference: para. 7The Court noted that the family had survived for over 25 years since the employee's death, which demonstrated that the immediate financial crisis intended to be mitigated by compassionate appointment no longer existed
Source reference: para. 11The Court also found it procedurally improper for the petitioner to seek relief by assailing an order issued specifically against his brother's claim
Source reference: para. 7Holding
The High Court dismissed the petition, holding that the primary objective of compassionate appointment is to provide immediate relief, which is rendered moot by the passage of 24 years
The Court concluded there were no grounds to interfere with the respondent authorities' decisions due to the excessive delay and the fact that the family had successfully survived the intervening period
Source reference: para. 11, 12No order was made as to costs
Source reference: para. 12Original Court PDF
INDRAJEET SINGH THAKURvsSTATE OF CHHATTISGARH
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in