The right to consideration for compassionate appointment exists only for a reasonable period of time and would get extinguished after such time.

JUDGMENT

Sunil B. Shukre, J. - Rule. Rule made returnable forthwith. The writ petition is heard finally with the consent of the learned Counsel for the parties.

2. The husband of petitioner no.1 stood retired on medical ground as per order dated 30/12/1992 w.e.f. 15/03/1993. After his such retirement, petitioner no.1 made an application under the Compassionate Appointment Scheme to the respondents for being considered to be appointed on a suitable post on compassionate ground. In the year 2006, petitioner no.1, instead of getting appointment on compassionate basis, got a part-time relief, when she was brought under the Scheme of Monthly Monetary Benefit vide Government Resolution dated 20/07/1999. Under this scheme, the petitioner, for utilization of some of her time, would get fixed remuneration of Rs.2,000/- per month. The petitioner started getting this remuneration from 2009 onwards. In the year 2011, some amendments were carried out to the Compassionate Appointment Scheme and even the married daughters were brought within the definition of the family. This amendment made petitioner no.2 to make application for grant of compassionate appointment. The application was rejected by the order passed on 29/07/2016 by respondent no.4.

3. Shri P.D. Meghe, learned Counsel for the petitioners submits that the impugned order is unreasoned and that the claim of petitioner no.2 has not been properly considered in terms of the Compassionate Appointment Scheme. Shri S.V. Purohit, learned Counsel for the respondents disagrees with this and submits that after passage of long time, petitioner no.2 would not be entitled to any such relief.

4. The rival arguments can be better appreciated if we take into consideration the object of such a Scheme. The object of any Compassionate Appointment Scheme is to provide immediate relief to a financially distressed family. Whenever untimely death or unexpected premature retirment on medical ground of a sole earning member of the family takes place, invariably the whole family finds itself in deep financial crisis and the family is required to be provided immediate succour by making available opportunity to at least one of the family members to earn livelihood in a meaningful way and with dignity.

5. In the instant case, retirement on medical ground has taken place in March, 1993 and in lieu of compassionate appointment, monetary benefit has also been made available to petitioner no.1, which has been accepted by petitioner no.1. It was only the amendment carried out to the scheme in the year 2011 which prompted petitioner no.2 to file an application, seeking appointment on compassionate basis. The application was made some time in the year 2016 and it was rejected in the very year. The fact that the application was made after a long period of time after 1993 and also the fact that the family had managed to survive for so many years without any benefit of compassionate employment in the family, would show that the family had got over the financial crisis and therefore, the family was not in need of immediate financial help in the year 2013. The conclusion so drawn is further strengthened by belated filing of this petition. The application of petitioner no.2 has been rejected on 29/07/2016 and this petition has been filed in April, 2018.

6. Learned Counsel for the petitioners submits that last communication in this regard was of 09/11/2017 and the petition has been filed within six months from the date of the last communication. Six months is also quite a long time for the family members, who claim to be reeling under financial crisis, to come out and make an application. These facts would only show that the purpose for which compassionate appointment has been sought has already stood served long ago and as such the petition cannot be allowed. A useful reference in this regard be made to the case of State of J and K and others Versus Sajad Ahmed Mir, (2006) 5 SCC 766 .

7. In compassionate appointment''s mat