Case Note & Summary
The petitioner, Dinesh Shirish Saigunde, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Aurangabad Bench, seeking directions to the respondents (State of Maharashtra, District Collector, and Deputy Director, Health Department) to appoint him on compassionate ground in place of his deceased father. The petitioner's father, Shirish Sopanrao Saigunde, who worked as a Pharmacist, expired on 08-12-2003. At that time, the petitioner was aged 8 years. The family faced financial crises, and the petitioner's mother accepted appointment as a Safai Kamgar on compassionate ground but served only for 2 years and left due to ill health. The petitioner completed a Diploma in Pharmacy and, upon attaining majority, submitted an application on 05-07-2017 for compassionate appointment. The respondents did not respond, leading to the petition. The court noted that the question of appointment on compassionate ground after a lapse of considerable time has been answered in many pronouncements of the Supreme Court. The court held that the very purpose of compassionate appointment is to provide immediate financial assistance to the family of the deceased employee to tide over the sudden crisis. A delay of 14 years defeats this purpose. The court dismissed the petition, stating that the claim cannot be entertained after such a long lapse of time.
Headnote
A) Service Law - Compassionate Appointment - Delay - The claim for compassionate appointment after a lapse of 14 years from the death of the employee cannot be entertained as the very purpose of providing immediate financial assistance to the bereaved family is defeated. The petitioner's father died in 2003, and the application was made in 2017. Held that the claim is liable to be rejected on the ground of delay (Paras 2-5).
Issue of Consideration
Whether a claim for compassionate appointment can be entertained after a lapse of considerable time from the date of death of the government employee.
Final Decision
The writ petition is dismissed. The claim for compassionate appointment after a lapse of 14 years from the death of the employee cannot be entertained.
Law Points
- Compassionate appointment is not a vested right
- delay defeats purpose
- object is to provide immediate financial relief
