Case Note & Summary
The petitioner, Jyothi S., is the fourth daughter of late Sannaiah, who was a lineman employed by the Mangalore Electricity Supply Company Limited (MESCOM). Sannaiah died in harness on 05.05.1999, leaving behind his widow and children. The petitioner was about 14 years old at the time of her father's death. The petitioner's mother received family pension until her death on 04.05.2010. About 14 years after her father's death, in 2013, the petitioner applied for employment on compassionate grounds with the respondent company. The application was returned on 03.08.2013 via Annexure-G, on the ground that the claim could not be considered because the application was not submitted within one year of the employee's death. Aggrieved, the petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India, seeking to quash the endorsement and for a mandamus directing the respondents to provide her appointment on compassionate grounds. The petitioner's counsel contended that since the petitioner was a minor at the time of her father's death, she could not apply earlier, and the family pension stopped after her mother's death, leaving her in financial distress. The court, after hearing the matter, dismissed the petition, holding that the claim for compassionate appointment made after 14 years cannot be entertained, as the very purpose of compassionate appointment is to provide immediate relief to the family of the deceased employee. The court noted that the petitioner attained majority long before applying and that the delay was not justified. The court upheld the rejection of the application and dismissed the writ petition.
Headnote
A) Service Law - Compassionate Appointment - Delay in Application - The petitioner applied for compassionate appointment 14 years after her father's death, and the application was rejected on the ground that it was not made within one year of the death. The court held that the claim for compassionate appointment cannot be considered after such a long delay, and the fact that the petitioner was a minor at the time of death does not justify the delay, as she could have applied after attaining majority. (Paras 1-3) B) Service Law - Compassionate Appointment - Limitation - The court observed that the purpose of compassionate appointment is to provide immediate financial assistance to the family of the deceased employee, and a belated claim defeats the very purpose. The court dismissed the petition, upholding the rejection of the application. (Paras 2-3)
Issue of Consideration
Whether a claim for compassionate appointment made 14 years after the death of the employee can be considered, and whether the period of minority can be excluded for computing the limitation period for making such an application.
Final Decision
Writ petition dismissed. The impugned endorsement dated 3.8.2013 is upheld. No order as to costs.
Law Points
- Compassionate appointment
- Delay in application
- Minority
- Limitation
- Articles 226 and 227 of the Constitution of India
