Case Note & Summary
The petitioners, Smt. Leelabai Yashwant Ghodke and another, filed a writ petition challenging the judgment and order dated 21st July 2017 passed by the Central Administrative Tribunal (CAT) in Original Application No. 710 of 2015. The CAT had dismissed the OA filed by the petitioners seeking compassionate appointment for the second petitioner. The undisputed facts are that Ashok Ghodke, an employee of Central Railways working as a Senior Safaiwala (Group D post), died on 22nd June 2008. He was married to Nirmala and had two children. The petitioners claimed that the second petitioner was entitled to compassionate appointment. However, the application for compassionate appointment was made only in 2015, about seven years after the death of the employee. The CAT dismissed the OA on the ground of delay and laches. The High Court upheld the CAT's decision, holding that the claim for compassionate appointment made after such a long delay was not maintainable. The court observed that the object of compassionate appointment is to provide immediate financial assistance to the family of the deceased employee to tide over the crisis. Delay defeats the very purpose of the scheme. The court also noted that the petitioners had not provided any satisfactory explanation for the delay. Accordingly, the writ petition was dismissed.
Headnote
A) Service Law - Compassionate Appointment - Delay and Laches - Claim for compassionate appointment made after seven years from the date of death of the employee is not maintainable - The object of compassionate appointment is to provide immediate financial assistance to the family of the deceased employee - Delay defeats the very purpose of the scheme - Petition dismissed (Paras 5-10).
Issue of Consideration
Whether the claim for compassionate appointment made after a delay of about seven years from the date of death of the employee is maintainable.
Final Decision
The writ petition is dismissed. The judgment and order dated 21st July 2017 passed by the Central Administrative Tribunal in Original Application No. 710 of 2015 is upheld.
Law Points
- Compassionate appointment
- delay and laches
- limitation
- Railway Establishment Code
- para 547
Case Details
2018 LawText (BOM) (04) 94
Writ Petition No. 347 of 2018
Smt. V. K. Tahilramani, Acting C. J., M. S. Sonak, J.
Mr. Vicky Nagrani for Petitioners, Mr. T. J. Pandian for Respondent Nos. 1 and 2, Mr. Sandeep Marne for Respondent No. 3
Smt. Leelabai Yashwant Ghodke & Anr.
The Union of India & Ors.
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Nature of Litigation
Writ petition challenging the order of Central Administrative Tribunal dismissing Original Application for compassionate appointment.
Remedy Sought
Quashing of CAT order dated 21.07.2017 and direction to consider second petitioner for compassionate appointment.
Filing Reason
The petitioners' application for compassionate appointment was rejected by the respondents and the CAT dismissed their OA on ground of delay.
Previous Decisions
CAT dismissed OA No. 710 of 2015 on 21.07.2017.
Issues
Whether the claim for compassionate appointment made after a delay of about seven years from the date of death of the employee is maintainable.
Submissions/Arguments
Petitioners argued that the second petitioner is entitled to compassionate appointment.
Respondents contended that the claim is barred by delay and laches as the application was made seven years after the death.
Ratio Decidendi
Compassionate appointment is intended to provide immediate financial assistance to the family of the deceased employee. A claim made after a long delay of seven years defeats the purpose of the scheme and is not maintainable.
Judgment Excerpts
There is no dispute that Ashok Ghodke was an employee with the Central Railways working as a Senior Safaiwala (Group 'D' post) at the time of his demise on 22nd June 2008.
The object of compassionate appointment is to provide immediate financial assistance to the family of the deceased employee to tide over the crisis. Delay defeats the very purpose of the scheme.
Procedural History
The petitioners filed Original Application No. 710 of 2015 before the Central Administrative Tribunal seeking compassionate appointment. The CAT dismissed the OA on 21st July 2017. The petitioners then filed Writ Petition No. 347 of 2018 before the Bombay High Court challenging the CAT order.
Acts & Sections
- Railway Establishment Code: Para 547
