Case Note & Summary
The petitioner, Smt. Veena, filed a writ petition under Articles 226 and 227 of the Constitution of India, challenging an endorsement dated 07.05.2022 issued by the second respondent, the Managing Director of the Canara District Central Co-operative Bank (CDCCB), which rejected her claim for compassionate appointment. The petitioner's father, Venkatesh Shet, had worked as an attender at the Kanasuru Branch of the bank and died in harness on 20.10.2007 after 32 years of service. Following his death, the petitioner's mother submitted an application for compassionate appointment on 22.10.2007, but no action was taken. The petitioner herself submitted an application on 18.04.2022, nearly 15 years later, which was rejected by the bank on 07.05.2022 on the ground that the claim was time-barred. The petitioner argued that she was entitled to compassionate appointment as per the bank's scheme and that the delay was not fatal. The respondents contended that the claim was belated and that the petitioner had not shown any bona fides. The court, after hearing the petitioner in person and the respondents' counsel, held that compassionate appointment is an exception to the general rule of public employment and must be sought promptly. The court found that the petitioner had not explained the delay of 15 years and that her conduct indicated lack of bona fides. The court dismissed the writ petition, upholding the bank's rejection.
Headnote
A) Service Law - Compassionate Appointment - Delay and Laches - The petitioner sought compassionate appointment after 15 years of her father's death in harness. The court held that such claims must be made promptly and that unexplained delay defeats the purpose of compassionate appointment, which is to provide immediate financial relief to the family. The court dismissed the petition, upholding the bank's rejection. (Paras 1-10)
B) Service Law - Compassionate Appointment - Bona Fides - The court observed that the petitioner's conduct, including filing a belated application and not pursuing the matter diligently, indicated lack of bona fides. The court noted that the petitioner had not explained the delay and had not shown any urgency or need for immediate employment. (Paras 5-10)
Issue of Consideration
Whether the petitioner is entitled to compassionate appointment after a delay of 15 years from the date of death of the government employee, and whether the rejection of her claim by the respondent bank was justified.
Final Decision
The writ petition is dismissed. The endorsement dated 07.05.2022 issued by the second respondent is upheld.
Law Points
- Compassionate appointment
- Delay and laches
- Bona fides
- Limitation for compassionate appointment
Case Details
2025 LawText (KAR) (02) 49
WP No. 104548 of 2022 (S-RES)
Smt. Veena W/o. Venkatesh Shet (Party-in-person), Sri Vishwanath Hegde (for R1 and R2)
Smt. Veena W/o. Venkatesh Shet
The Canara District Central Co-operative Bank (KDCC) represented by its Chairman and Managing Director
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging rejection of compassionate appointment claim.
Remedy Sought
Quashing of endorsement dated 07.05.2022 and direction to respondents to consider petitioner's qualification and appoint her as attender on compassionate grounds.
Filing Reason
Rejection of petitioner's application for compassionate appointment after her father's death in harness.
Previous Decisions
The respondent bank rejected the petitioner's claim via endorsement dated 07.05.2022.
Issues
Whether the petitioner is entitled to compassionate appointment after a delay of 15 years from the date of death of the government employee.
Whether the rejection of the petitioner's claim by the respondent bank was justified.
Submissions/Arguments
Petitioner argued that she is entitled to compassionate appointment as per the bank's scheme and that the delay was not fatal.
Respondents contended that the claim was belated and that the petitioner had not shown any bona fides.
Ratio Decidendi
Compassionate appointment is an exception to the general rule of public employment and must be sought promptly. Unexplained delay of 15 years defeats the purpose of compassionate appointment, which is to provide immediate financial relief to the family of the deceased employee. The petitioner's conduct indicated lack of bona fides.
Judgment Excerpts
The petitioner is in-person. She is at the doors of this Court calling in question an endorsement dated 07.05.2022, issued by the second respondent, bearing No.Adalita/Sibbandi/1409/2022-23, by which the claim of the petitioner seeking an appointment on compassionate grounds comes to be rejected.
The petitioner is the daughter of one Venkatesh Shet, who began his career as an attender at the Kanasuru Branch of the Kanara District Central Co-operative Bank Limited, Sirsi (Uttara Kannada) (for short ‘ the CDCCB’). After putting in 32 years of service, the father of the petitioner dies in harness on 20.10.2007.
Procedural History
The petitioner's father died on 20.10.2007. The petitioner's mother submitted an application for compassionate appointment on 22.10.2007. No action was taken. The petitioner submitted an application on 18.04.2022, which was rejected on 07.05.2022. The petitioner then filed the present writ petition on an unspecified date.
Acts & Sections
- Constitution of India: Articles 226, 227
