Chhattisgarh High Court

Compassionate appointment is unsustainable after prolonged delay as the objective of providing immediate relief is extinguished.

INDRAJEET SINGH THAKUR vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: April 06, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner’s father, R.K.S. Thakur, a Patwari, died while in service on November 4, 1996

Source reference: para. 2

The 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, 5

In 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, 5

The 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, 3
02

Issues

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. 8

2. 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. 7
03

Law 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. 9

The 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. 9

It 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. 10
04

Reasoning

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. 8

The 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. 7

The 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. 11

The 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. 7
05

Holding

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, 12

No order was made as to costs

Source reference: para. 12
Chhattisgarh High Court

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INDRAJEET SINGH THAKURvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · April 06, 2026

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