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MOHIT KUMAR SHAH
Chandan Mallik S/o Late Mahendra Mallik – Appellant
Versus
State of Bihar through its the Principal Secretary Urban Development and Housing Department – Respondent
JUDGMENT :
Mohit Kumar Shah, J.
The present writ petition has been filed for quashing the order dated 31.12.2007 passed by the then Executive Officer, Nagar Parishad, Purnea (now Nagar Nigam, Purnea), whereby and whereunder the services of the petitioner has been terminated.
2. The brief facts, according to the petitioner, are that the father of the petitioner was employee of Nagar Parishad, Purnea and was working as Safai Karamchari, however, he died in harness on 18.12.2001, whereafter the petitioner was appointed on compassionate ground as Daily Wager vide letter dated 01.09.2006, whereupon the Executive Officer, Nagar Parishad, Purnea had issued an appointment letter dated 18.06.2007 and the petitioner was appointed on compassionate ground as safai Karamchari in the pay-scale of Rs. 775-1025/-, however, few months thereafter, the Executive Officer, Nagar Parishad, Purnea, by the impugned memo dated 31.12.2007 has terminated the services of the petitioner.
3. The learned counsel for the petitioner has submitted that without granting any opportunity to the petitioner to put forth his defence, the impugned order dated 31.12.2007 has been passed, hence the same is fit to be set aside,
Compassionate appointments are concessions, not rights; delay in filing petitions undermines legal claims.
Compassionate appointment claims are contingent on urgency; significant delays may render applications stale and unjustified, nullifying the relief sought.
Compassionate appointment claims must be considered promptly; significant delays can negate the urgency required, making applications stale.
Delay in pursuing a claim for compassionate appointment disqualifies entitlement to relief, as significant delays suggest the absence of immediate financial need.
Compassionate appointments must be considered promptly to address immediate financial crises; undue delay can render applications stale and ineligible.
Compassionate appointment is intended for immediate relief in case of death of a breadwinner, and applications must be timely; delays undermine claims for such appointments.
Compassionate appointment is not an automatic right and is subject to scrutiny based on various parameters, including the financial position of the family and the economic dependence on the deceased ....
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