Compassionate appointment cannot be claimed after a lapse of time, as the delay in making a claim dilutes the case of immediate financial penury and negates the entitlement for appointment on compassionate grounds.

ORDER :

1. This petition under Article 226 of the Constitution of India has been filed by the petitioner seeking for the following reliefs:

“(i) This Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner for its kind perusal.

(ii) This Hon'ble Court may kindly be pleased to issue a writ/order/direction by quashing the order dated 27.06.2008 and further direct the respondents to issue compassionate appointment and appoint the petitioner in the establishment, to meet the ends of justice.

(iii) Any other relief or relief(s) which this Hon'ble Court may think proper in view of the facts and circumstances of the case may also kindly be granted.”

2. Brief facts of the case as projected by the petitioner are that the petitioner's father namely Shrawan Kumar Sinha died in harness on 20.07.1999, while working on the post of Lineman-Assistant-II (Line) with the erstwhile Madhya Pradesh Electricity Board, posted at Dhamtari. The petitioner made an application for compassionate appointment, which remain pending consideration, meanwhile, new State of Chhattisgarh came to be carved out w.e.f. 01.11.2000 and Chhattisgarh State Electricity Board (for short CSEB) came to be constituted w.e.f. 15.11.2000. Upon constitution of new Electricity Board in Chhattisgarh, the MPEB sent back the petitioner's application for compassionate appointment to newly constituted board/respondent No.1, thereafter, the petitioner submitted an application and remind the respondents that his application is pending on dated 28.5.2001, thereafter, his application has been decided and rejected vide order No. 01-04/PD-3/3064, Raipur, dated 27.6.2008 by the respondent no.2 by stating inter alia that Govt. of Chhattisgarh/Board has taken a policy decision that preference will be given to those dependent members whose bread earner died on or after 15.11.2000, and since the petitioner's father died on 20.07.1999 i.e. prior to 15.11.2000, therefore, he is not entitled for compassionate appointment.

3. In between this Court passed an order on 06.07.2006 in WP No. 1736 of 2004 (Sanjay Yadav v. State of Chhattisgarh) and directed for consideration of application for compassionate appointment of similarly situated person in accordance with policy of 1997 as prevalent, against which respondent No.1/CSEB had filed SLP(C) No.19197 of 2006 (Chhattisgarh State Electricity Board v. Sanjay Yadav & Others) which has been dismissed by the Supreme Court on 26.08.2014, directing the respondent No.1-CSEB to consider the case of the dependents of the deceased within three months, the petitioner's case being similar to that of Sanjay Yadav (Supra) duly affirmed by the Supreme Court in SLP(C) filed by the respondent No.1-CSEB, an appropriate writ(s) be issued for consideration of the petitioner's case for compassionate appointment in accordance with the policy of 1997 on the principle of parity.

4. Thereafter, the petitioner again made an application i.e. second application for compassionate appointment on dated 07.11.2014 along with documents required. In between this Hon'ble Court passed an order on 26.02.2015 in WP No. 4880 of 2004 (Amrit Lal Paw v. Chhattisgarh State Electricity Board & Others) and directed for consideration of application for compassionate appointment of similarly situated person in accordance with policy of 1997 as prevalent, against which respondent No.1/CSEB had filed SLP(C) No. 19197 of 2006 (Chhattisgarh State Electricity Board v. Sanjay Yadav & Others) which has been dismissed by the Supreme Court on 26.08.2014 directing the respondent No.1-CSEB to consider the case of the dependents of the deceased within three months, the petitioner's case being similar to that of Sanjay Yadav (Supra) duly affirmed by the Supreme Court in SLP(C) filed by the respondent No.1-CSEB, an appropriate writ(s) be issued for consideration of the petitioner's case for compassionate appointment in accordance with the policy of 1997 on the princ