Case Note & Summary
The petitioner, Satish @ Rajesh s/o Kanbarao Balkhande, filed a writ petition seeking a mandamus for compassionate appointment on the ground that his father, Kanba Dharba Balkhande, a watchman with the Railways, died in harness on 22.3.1977 while discharging his duties. The petitioner was only five years old at the time of his father's death. His mother made several applications between 1977 and 1979 seeking compassionate appointment, and the respondents allegedly assured that one family member would be appointed. However, no appointment was made. The petitioner himself applied only in 2001, after attaining majority. The respondents opposed the petition on the ground of delay and laches. The High Court held that the claim for compassionate appointment is based on the death of the employee and must be made within a reasonable time. A delay of 24 years from the date of death is inordinate and unexplained. The court dismissed the petition, observing that the object of compassionate appointment is to provide immediate financial assistance to the family, not to confer a benefit after a long lapse of time.
Headnote
A) Service Law - Compassionate Appointment - Delay and Laches - Petitioner's father died in 1977, petitioner applied for compassionate appointment in 2001 after attaining majority - Held that delay of 24 years is fatal and disentitles the petitioner to relief under Article 226 of the Constitution of India (Paras 5-6).
Issue of Consideration
Whether the petitioner is entitled to compassionate appointment after an inordinate delay of 24 years from the date of death of the employee.
Final Decision
Writ petition dismissed. Rule discharged. No order as to costs.
Law Points
- Compassionate appointment
- delay and laches
- limitation
- writ jurisdiction
- Railway Establishment Code
Case Details
2010 LawText (BOM) (05) 55
Writ Petition No.3479 of 2001
Smt. S.W. Deshpande for petitioner, Shri R.G. Agrawal for respondent nos. 2 to 4
Satish @ Rajesh s/o Kanbarao Balkhande
Union of India, Divisional Railway Manager, Bhusawal Division, Rail Superintendent, Bhusawal, Senior Section Engineer (P. Way), South Central Railway, Akot
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Nature of Litigation
Writ petition seeking mandamus for compassionate appointment
Remedy Sought
Petitioner sought a writ of mandamus directing respondents to appoint him on compassionate ground
Filing Reason
Father died in harness on 22.3.1977; petitioner claimed entitlement to compassionate appointment
Issues
Whether the petitioner is entitled to compassionate appointment after a delay of 24 years from the date of death of the employee.
Submissions/Arguments
Petitioner's counsel argued that no family member had been appointed despite assurance, and mother's applications from 1977-1979 were not acted upon.
Respondents opposed on ground of delay and laches.
Ratio Decidendi
Compassionate appointment is an exception to the general rule of open recruitment and must be sought within a reasonable time from the date of death of the employee. Delay of 24 years is inordinate and disentitles the claimant to relief under Article 226.
Judgment Excerpts
The petitioner, son of Late Kanba Dharba Balkhande working as a Watchman with the respondents and died on 22.3.1977 due to running over a passenger train while discharging his official duties, has prayed for issuing an appropriate writ/order/direction in nature of mandamus for appointing him on compassionate ground.
The learned counsel for the petitioner urged that since the death of Kanba-father of the petitioner, none from the family has been appointed on compassionate ground by the respondents in spite of giving an assurance that any one person from the said family would be appointed accordingly.
The claim for compassionate appointment is based on the death of the employee and must be made within a reasonable time. A delay of 24 years from the date of death is inordinate and unexplained.
Procedural History
Petitioner filed Writ Petition No.3479 of 2001 in the High Court of Bombay, Nagpur Bench, seeking compassionate appointment. The petition was heard and finally disposed of on 7 May 2010.
Acts & Sections
- Constitution of India: Article 226
