Facts
The petitioner’s father, Haribaksh Singh, served as a Forest Guard under the respondent department and died in harness on September 25, 1993
Source reference: para. 2On February 5, 2018—approximately 24 years after the death—the petitioner applied for a compassionate appointment
Source reference: para. 2This application was rejected by the Additional Principal Chief Conservator of Forest (Respondent No. 5) on May 18, 2018, citing the significant delay and failure to meet the limitation period prescribed in the recruitment policy dated June 10, 1994
Source reference: para. 2, 5The petitioner subsequently filed this writ petition in 2022, seeking to set aside the rejection order and obtain a direction for reconsideration
Source reference: para. 1, 6Issues
1. Whether an application for compassionate appointment can be maintained after a delay of 24 years from the date of the employee's death, and a subsequent court challenge after 29 years
Source reference: para. 6, 9Law Applied
Compassionate appointment is a humanitarian exception to the general rule of public recruitment, designed specifically to provide immediate financial assistance to a family in penury following the death of a breadwinner
Source reference: para. 7The court applied the principle from State of Maharashtra v. Ms. Madhuri Maruti Vidhate (2022), which held that such appointments are intended to tide over sudden crises and cannot be claimed after many years
Source reference: para. 7It further relied on Punjab State Power Corporation Limited v. Nirval Singh (2019), which established that excessive delay in seeking redressal extinguishes the objective of providing immediate amelioration to the deceased's family
Source reference: para. 8Reasoning
The court noted that the father died in 1993, while the application for appointment was only moved in 2018 and the petition filed in 2022. By the time the matter reached the court, 29 years had elapsed since the cause of action arose
Source reference: para. 6The court reasoned that the very purpose of the compassionate appointment scheme is to provide "immediate" relief to prevent a family from slipping into destitution
Source reference: para. 7, 9Following the logic in Madhuri Maruti Vidhate, the court found that the petitioner could not be considered a dependent in need of emergency aid after such a long interval
Source reference: para. 7.1Furthermore, the court observed that since the family had managed to survive for nearly three decades without the appointment, the "sudden crisis" necessitated by the death had long since passed, thereby achieving the practical survival objective and negating the need for judicial interference
Source reference: para. 9Holding
The court held that there were no valid grounds to interfere with the respondent's decision, as the extraordinary delay in applying for the post defeated the object of the compassionate appointment policy
The High Court dismissed the writ petition. No order as to costs was made
Source reference: para. 10Original Court PDF
PUSUPLATA SINGHvsSTATE OF CHHATTISGARH
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