There is no entitlement for appointment on compassionate ground after 18 years of death of deceased: SC

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Shivani Bhati | Nov 29, 2021 | Views 266044

There is no entitlement for appointment on compassionate ground after 18 years of death of deceased: SC

There is no entitlement for appointment on compassionate ground after 18 years of death of deceased: SC

Appeal filed before the Supreme Court against the judgment and order dated 05.02.2021 passed by the High Court of Orissa at Cuttack in Writ Petition No.7791 of 2020 by which the High Court has dismissed the said writ petition preferred by the appellant herein and has confirmed the judgment and order passed by the learned Central Administrative Tribunal passed in T.A. No.14 of 2014 wherein the learned Tribunal directed the appellant to consider the case of the respondent – original applicant’s second son for appointment on compassionate ground, the Steel Authority of India Limited has preferred the present appeal. 

Facts

  • In 1977, the deceased employee died. The eldest son approached the authority for compassionate appointment. His case was considered as per the scheme applicable at the time of death of the deceased employee, i.e., circular dated 01.09.1975 and his application for appointment on compassionate ground was rejected. 
  • After 18 years of death of deceased his widow filed a Writ Petition being OJC No.783 of 1996 before the High Court against the order dated 17.10.1977 rejecting the application for appointment of the eldest son on compassionate ground, was not under challenge, with prayer to appoint her second son on compassionate ground. 
  • By the order of the High Court, the writ petition was transferred to the Central Administrative Tribunal, Cuttack, which was registered as T.A. No.14 of 2014.  
  • The learned Tribunal disposed of T.A. No.14 of 2014 by the judgment and order dated 28.11.2019 and directed the appellant to re consider the case of Ramesh Chandra Khuntia, second son of the deceased in accordance with the scheme of compassionate employment. 
  • The writ petition filed by the appellant before the High Court being Writ Petition No. 7791 of 2020 has been dismissed by the Division Bench of the High Court by the impugned judgment and order. 

Findings  

In the case of Punjab State Power Corporation Limited and Ors. Vs. Nirval Singh, (2019) 6 SCC 774 delay in pursuing claim/approaching court would militate against claim for compassionate appointment as very objective of providing immediate amelioration to family would stand extinguished. Before this Court, there was a delay of 07 years in approaching the Court and this Court observed and held that on the ground of delay itself, the heir/dependent of the deceased employee shall not be entitled to the appointment on compassionate ground. 

In the case of State of J&K and Ors. Vs. Sajad Ahmed Mir (2006) 5 SCC 766, Court had occasion to consider the delay and laches in case of appointment on compassionate ground. By dismissing the claim for appointment on compassionate ground, which was made after a period of four and a half years of death of the deceased employee, it was held that appointment on compassionate ground is an exception to general rule that appointment to public office should be made on the basis of competitive merits. 

Judgment  

Supreme Court held that the second son of the respondent shall not be entitled to the appointment on compassionate ground as observed and held by the learned Central Administrative Tribunal confirmed by the Division Bench of the High Court by the impugned judgment and order. On the grounds that the second application was made after a period of 18 years, the impugned judgment and order passed by the High Court and that of the Central Administrative Tribunal directing the appellant to re-consider the case of the second son of the respondent is unsustainable and deserves to be quashed and set aside and accordingly the same are hereby quashed and set aside.  

To Read the Judgment Download PDF Given Below :

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