State can relax time limit for seeking compassionate appointment, if convinced that such time limit would cause undue hardship to applicant
Recruitment Rules provides for making an application for employment within five years from the date of the death of the Government servant. Under the proviso thereto, where the State Government is satisfied that the time limit fixed, for making the employment application, causes undue hardship in any particular case, it may dispense with or relax the requirement as it may consider necessary for dealing with the case in a just and equitable manner.
The aforesaid statutory provisions indicate that the State Government is empowered to relax the time limit fixed in case the application is made after a period of five years from the date of death of a Government servant.
The father of the petitioner, namely, died on 04.06.1994 during his service period while he was working on the post of Constable in the police department. At the time of death of his father, the petitioner was minor as according to the high school certificate, the date of birth of the petitioner is 25.07.1980, therefore, he could not apply for the job. The petitioner had applied for a compassionate appointment after attaining the age of majority.
The purpose and object underlying the provision of Rules of 1974 for compassionate appointment are to alleviate the financial distress of a family caused by the death of its member who was in Government service. The object of compassionate employment is to enable the family of the deceased Government servant who died in harness, to overcome the sudden financial crisis it finds itself in, and not to confer any status upon it. Compassionate appointment, extended to a dependent of the deceased employee, is an exception to the right granted to the citizen under Articles 14 and 16 of the Constitution. It has also been held that it is a matter of the first principle that a discretionary power to relax the ordinary requirement should not swallow the main or substantive provision and render the basic purpose and object nugatory. It has also been held that authorities cannot reject an application in a blindfolded manner only on the ground that such application has been filed after the period of five years from the date of death of a Government servant. The authority is required to apply mind rationally while exercising discretion and also keeping in view other factors relating to the case.
The term 'undue hardship' has been held to necessarily postulate a consideration of relevant facts and circumstances of the case particularly income of the family, financial condition, extent of dependency, marital status of members, its liability, terminal benefits received by family along with income from other sources etc. While determining the principle of undue hardship, the State Government should keep in mind that if the total income of the family from all sources exceeds the salary of the deceased employee, it cannot be said that no undue hardship is being caused to the family of the deceased employee.
Appearing Counsel/s : Pradeep Kumar Tripathi, Anil Sharma
