Delay in seeking compassionate appointment dilutes case of immediate financial penury and consequently negates entitlement for appointment

The claim of the petitioner for appointment under the Dying in HarnessRules/Compassionate grounds has been rejected on foot that the application is highly belated and barred by limitation.

It was in the experience of the State Government that a large number of applications for compassionate ground appointments were made much after the death of the government servants. The State Government undoubtedly has the power to condone the delay in applying for appointment on compassionate grounds. However, while considering the scope of such power, the purpose of compassionate ground appointments can not be lost sight of. The stated purpose which is the only justifiable ground for such appointments is that the family which is facing an immediate financial crisis should be supported by employing a member of such family to tide over the crisis.

Only present and imminent financial crisis provide the sole justification for making appointments on compassionate grounds. Delay in making such applications for appointment on compassionate grounds raises a presumption that the immediate financial crisis has been tided over. Lifting of the immediate financial penury denies the justification for making an appointment on compassionate grounds.

Delay in claiming compassionate grounds appointment dilutes the case of immediate financial penury and consequently negates the entitlement for appointment on compassionate grounds

Appointments on compassionate grounds cannot wait for the claimants to attain majority or to enable them to acquire additional qualifications and get a better deal in appointments. Such grounds militate against the claim for compassionate grounds appointment.

Appearing counsel: Kundan Kumar

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