Case Note & Summary
The petitioner, Dhulaji Shrimant Kharat, filed a writ petition seeking a mandamus to direct the respondents to employ him on compassionate grounds. His father, Shrimant Tukaram Kharat, a Driver with the Bori Medium Project, Solapur, died in harness on 12 January 2008. At that time, the petitioner was a minor (born 1 May 1992). The deceased left behind two minor daughters, two minor sons, and a wife. On 30 June 2008, the petitioner's mother submitted an affidavit with particulars of legal representatives and requested the respondents to consider appointing her son on compassionate grounds upon his attaining majority. The petitioner, after becoming major, sent a letter on 1 June 2013 to respondent no.3 requesting consideration of his mother's application. Receiving no response, he submitted another application on 9 June 2014 with documents to respondents no.2, 3, 4, and 5. This application was forwarded to the Executive Engineer (respondent no.5). The respondents opposed the petition, arguing that the application was made after a considerable delay and that the petitioner was not entitled to compassionate appointment as a matter of right. The court examined the facts and noted that the petitioner's mother had applied in 2008, but the petitioner himself applied only in 2013, after a gap of about 5 years from the date of death. The court held that compassionate appointment is not a vested right and must be sought within a reasonable time. The delay of 5 years in making the application after attaining majority disentitled the petitioner to the relief. The court dismissed the writ petition, finding no merit in the claim.
Headnote
A) Service Law - Compassionate Appointment - Delay in Application - Petitioner's father died in 2008, mother applied in 2008 but petitioner applied only in 2013 after attaining majority - Held that compassionate appointment is not a vested right and must be sought within a reasonable time; delay of 5 years disentitles the claim (Paras 1-6).
Issue of Consideration
Whether the petitioner is entitled to compassionate appointment on the ground of his father's death in harness, when the application was made after a delay of about 5 years from the date of death and after the petitioner attained majority.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Compassionate appointment is not a vested right
- delay in applying
- scheme of compassionate appointment
- limitation period for compassionate appointment
Case Details
WRIT PETITION NO. 8771 OF 2015
A.S. Oka, Sandeep K. Shinde
Mr. Rajshekhar S. Alange for petitioner, Mr. Y.S. Khochare for respondent no.1, Mr. Vijay D. Patil for respondents no.4 and 5
Shri. Dhulaji Shrimant Kharat
State of Maharashtra and Others
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition seeking mandamus for compassionate appointment
Remedy Sought
Petitioner seeks a writ of mandamus to enjoin the respondents to employ the petitioner on compassionate ground
Filing Reason
Petitioner's father died in harness on 12 January 2008; petitioner applied for compassionate appointment after attaining majority but was not appointed
Issues
Whether the petitioner is entitled to compassionate appointment on the ground of his father's death in harness, when the application was made after a delay of about 5 years from the date of death and after the petitioner attained majority.
Submissions/Arguments
Petitioner argued that his mother applied in 2008 and he applied in 2013 and 2014, but respondents did not consider his application.
Respondents opposed the petition, arguing that the application was made after considerable delay and that compassionate appointment is not a vested right.
Ratio Decidendi
Compassionate appointment is not a vested right and must be sought within a reasonable time. Delay of 5 years in making the application after attaining majority disentitles the claim.
Judgment Excerpts
The petitioner seeks a writ of mandamus to enjoin the respondents to employ the petitioner on compassionate ground.
Petitioner's father, Shrimant Tukaram Kharat ('deceased' for short) was working as a Driver with the Bori Medium Project, Solapur, died in harness on 12th January, 2008.
As on that date, the petitioner was minor.
His date of birth is 1st May, 1992.
Deceased left behind him two minor daughters, two minor sons and wife.
It is the petitioner's case that, on 30th June, 2008 her mother sworn an Affidavit whereby she submitted particulars of the legal representatives of the deceased and requested respondents no.2 and 3 to consider her application for appointing her son on compassionate ground upon attaining the age of majority.
That vide letter dated 1st June, 2013, the petitioner requested the respondent no.3 to consider the application preferred by his mother in June, 2008.
It was not responded by the respondent no.3 and thus on 9th June, 2014 the petitioner again submitted an application with relevant documents and requested respondents no.2, 3, 4 and 5 to consider his case for appointment on compassionate ground.
This application was forwarded to Executive Engineer-respondent no.5 for consideration.
It appears, respondent no.2-Superintendent Engineer ...
Procedural History
Petitioner's father died on 12 January 2008. Mother applied on 30 June 2008. Petitioner applied on 1 June 2013 and again on 9 June 2014. No response. Petitioner filed Writ Petition No. 8771 of 2015 before the Bombay High Court. The petition was heard on 4 December 2018 and judgment pronounced on 12 December 2018.
