IMPORTANT POINT
Compassionate appointment is not a vested right which can be exercised at any time in future. It cannot be claimed and offered after a lapse of time and after the crisis is over.

Judgment :-

H.L. Dattu, J.

Leave granted.

2) Challenge in this appeal is to the judgment of a Division Bench of High Court of Calcutta rejecting the appeals filed by the appellant and thereby confirming the order passed by learned Single Judge in Writ Petition No. 16515 of 1994 dated 14.8.2003.

3) The issue that would arise for our consideration is, whether or not in the facts and circumstances of the case, the appointment made in respect of respondent, who is the son-in-law of the deceased after 12 years, would negates the very object of compassionate appointment.

4) The facts in brief are :-

One Kalo Dome, the father-in-law of the petitioner, while he was in service of Samla Colliery, ECL, under coal India Limited, died on 31st December, 1981. After the death of said Kalo Dome, his wife submitted an application for employment on compassionate grounds. Subsequently, on March 7, 1983, the elder daughter of Kalo Dome also made an application for compassionate appointment. Ultimately, the dispute among the heirs was settled and all the heirs of Kalo Dome submitted "No Objection" in favour of the respondent for employment on compassionate grounds. It was not out of place to mention that the respondent is the husband of the second daughter of Kalo Dome. After the submission of such "No Objection", the personal manager of the Company started processing the file for employment on compassionate grounds and the respondent complied with such requirements. The matter was referred to the Superintendent of Police, Burdwan, for verification, and after compliance of all the formalities a letter of appointment on compassionate grounds was issued in favour of the petitioner on 10th May, 1993, by Personal Manager of the Company. Pursuant to such appointment letter, the respondent joined service, but after four months, the Director (P) vide his order dated 23rd September, 1993 cancelled the provisional letter of appointment issued, on the ground that such appointment was a belated one having been given after a lapse of 12 years from the date of death of Kalo Dome.

5) Being dissatisfied with the order, the respondent had filed writ petition before the High Court. The learned Single Judge has allowed the writ petition and has directed the appellants to allow the respondent to join service pursuant to provisional order of appointment. The appeal filed by the appellants is rejected by the Division Bench.

6) So far as the question of nature and object of appointment on compassionate ground, it is relevant to take note of what is stated by this court in the case of Umesh Kumar Nagpal vs. State of Haryana, (1994) 4 SCC 138 : -

"The compassionate employment cannot be granted after a lapse of a reasonable period which must be specified in the rules. The consideration for such employment is not a vested right which can be exercised at any time in future. The object being to enable the family to get over the financial crisis which it faces at the time of the death of the sole breadwinner, the compassionate employment cannot be claimed and offered whatever the lapse of time and after the crisis is over." (Para 6)

7) In the case of Jagdish Prasad vs. State of Bihar, (1996) 1 SCC 301, it was observed that :-

"The very object of appointment of a dependent of the deceased employees who die in harness is to relieve unexpected immediate hardship and distress caused to the family by sudden demise of the earning member of the family." (Para 3)

8) In MMTC Ltd. vs. Pramoda Dei, (1997) 11 SCC 390, it is observed by the court :-

"As pointed out by this Court, the object of compassionate appointment is to enable the penurious family of the deceased employee to tide over the sudden financial crisis and not to provide employment and that mere death of an employee does not entitle his family to compassionate appointment." (Para 4)

9) In the case of S. Mohan vs. Government of T.N., (1998) 9 SCC 485, the court stated that :-

"The object being to enable the family to get over t