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1997 Supreme(SC) 349

SUPREME COURT OF INDIA
G T Nanavati, K Ramaswamy
DHALLA RAM, PETITIONER
VERSUS
UNION OF INDIA AND OTHERS, RESPONDENTS.
SLP (C) No. 3363 of 1997, decided on February 24, 1997.

Appointment on compassionate grounds is for immediate rehabilitation, not recruitment, and long delays in filing the application after refusal cannot be entertained.

Headnote:

Compassionate Grounds - Appointment - The court held that appointment on compassionate grounds is a facility to provide immediate rehabilitation to the family in distress of the deceased employee, and not a method of recruitment. The court found that the long delay in filing the application after the refusal by the Government cannot be entertained.

Fact of the Case:

The petitioner's application for appointment on compassionate grounds was dismissed due to a long delay in filing the application after the refusal by the Government.

Finding of the Court:

The court found no ground warranting interference with the order passed by the Tribunal dismissing the application.

Issues: Delay in filing the application for appointment on compassionate grounds.

Ratio Decidendi: Appointment on compassionate grounds is a facility for immediate rehabilitation, not a method of recruitment. Long delay in filing the application after refusal cannot be entertained.

Final Decision: The special leave petition was dismissed.

ORDER

1. This special leave petition arises from the order of the Central Administrative Tribunal, made on 12-7-1993 dismissing the petitioners application for appointment on compassionate grounds. The father of the petitioner died on 13-12-1965 on which date the petitioner was below 6 years. He attained majority, on his own statement, on 12-7- 1977, when he a completed 18 years of age. He made an application on 15-7-1987 for his employment on compassionate grounds. The very object of making appointment on compassionate grounds is to rehabilitate the family in distress of the deceased employee who dies in harness. There should be no difficulty in considering an eligible candidate for providing immediate sustenance to the members of the deceased employee. He had applied on15-7-1987 and the application was rejected on 14-7-1988. He filed the OA on 12-7-1993. In view of the long delay, after the refusal by the Government, in filing the application, the same cannot be entertained. The appointment on compassionate grounds is not a method of recruitment but is a facility to provide for immediate rehabilitation of the family in distress for relieving the

2. Under these circumstances, we do not find any ground warranting interference with the order passed by the Tribunal dismissing the application on 12-7-1993.

3. The special leave petition is accordingly dismissed.

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