Case Note & Summary
The appellant, Smt. Mallamma, is the widow of late Shivasharanappa Shirwale, who was employed with the second respondent college and died on 06.06.1997. She filed a writ petition in 2013 seeking compassionate appointment, which was dismissed by the learned Single Judge on 03.04.2018. The present intra-court appeal challenges that dismissal. The appellant had previously filed a civil suit (O.S. No. 82/2000) which was dismissed, a writ petition (W.P. No. 102626/2013) which was dismissed, and a writ appeal (W.A. No. 200477/2018) which is the present matter. The court noted that the appellant had been unsuccessful on four occasions. The Division Bench held that the claim for compassionate appointment after 16 years of the employee's death is highly belated and the appellant failed to explain the delay. The court also observed that the appellant cannot be permitted to re-agitate the same issue repeatedly. The appeal was dismissed, confirming the order of the learned Single Judge.
Headnote
A) Service Law - Compassionate Appointment - Delay and Laches - The appellant, widow of a deceased employee, sought compassionate appointment after 16 years of the employee's death. The court held that the claim is highly belated and the appellant failed to explain the delay. The writ petition was dismissed on the ground of laches. (Paras 2-5) B) Service Law - Compassionate Appointment - Repeated Litigation - The appellant had earlier filed four proceedings including a civil suit, a writ petition, and an appeal, all of which were dismissed. The court held that the appellant cannot be permitted to re-agitate the same issue repeatedly. (Paras 3-4) C) Service Law - Compassionate Appointment - Purpose - The court reiterated that compassionate appointment is not a vested right but a scheme to provide immediate financial assistance to the family of a deceased employee. Delay defeats the very purpose of the scheme. (Para 5)
Issue of Consideration
Whether the appellant is entitled to compassionate appointment on the death of her husband after a delay of 16 years and after having unsuccessfully litigated the matter on four earlier occasions.
Final Decision
The appeal is dismissed. The order dated 03.04.2018 passed by the learned Single Judge in W.P.No.102626/2013 is confirmed.
Law Points
- Compassionate appointment
- Laches
- Delay defeats equity
- Res judicata
- Repeated litigation
