Compassionate employment cannot be granted after a lapse of a reasonable period, and the purpose of compassionate appointment is to enable the family to tide over the sudden crisis which arises due to the death of the sole breadwinner.

ORDER :

A.J. Desai, J.

1. By way of the present appeal under Clause 15 of the Letters Patent, the appellant has challenged an oral order dated 27.08.2021 passed by the learned Single Judge in Special Civil Application No.11690 of 2021 by which the learned Single Judge has refused to entertain the captioned petition filed by the present appellant for appointment on compassionate ground since the petition was filed after a period of 21 years.

2. It is an undisputed fact that the father of the present appellant, who was working as a driver with the Armed Section, Police Department, Junagadh District passed away on 09.04.2000. The mother of the appellant herein did make an application dated 26.04.2000 for appointment of the present appellant on compassionate ground to the concerned authority and requested the respondent authority that when the appellant attains the age of majority, he may be given job on compassionate ground in place of her husband. After attaining majority, the appellant moved an application for compassionate appointment in response to which the respondent authority intimated the appellant to submit requisite documents i.e. marksheet of 12th Std. alongwith necessary document of knowledge of computer. The appellant replied to the respondent authority that he has not given examination of 12th Std. but has given examination of 10th Std. Ultimately, the request of the appellant for compassionate appointment was rejected vide communication dated 24.01.2008.

3. Considering the above facts and the fact that there is delay and laches on the part of the present appellant in filing the petition, we are of the opinion that the learned Single Judge has committed no error in rejecting the captioned petition. We are in complete agreement with the observations made by the learned Single Judge in paragraphs 4 onwards which read thus :

“4. The prayer made in the petition suggests that the petitioner is seeking compassionate appointment. It is not in dispute that the father of the petitioner passed away on 09.04.2000 during service. Thereafter, the mother of the petitioner applied for compassionate appointment to District Superintendent of Police, Junagadh on 26.04.2000 i.e. within three months of death of her husband, inter alia, stating that the petitioner is 16 years old having birth date 20.10.1984 and accordingly requested the respondent authority that when the petitioner becomes adult, he may be given job on compassionate ground on the post of her husband and after attaining majority the petitioner applied on 11.07.2003 for such appointment. By a communication dated 07.11.2007 the Gujarat Subordinate Selection Board has rejected the claim of the petitioner for compassionate appointment for the reason that he was not 18 years old. The date of birth of the petitioner is 10.10.1984 and he became major in the year 2002. The petitioner completed his Higher Secondary School Education in 2008. Thereafter, he applied for compassionate appointment on 15.02.2011. Thus, after becoming major in 2002, he did not do anything for 9 years. Thereafter, also he went into slumber and filed an application on 12.02.2014. Again he went into the state of dormancy and filed this petition in 2021. Today, almost 21 years have passed from the death of his father. No policy is produced on record which would suggest that the petitioner would be entitled to compassionate appointment after passage of 21 years.

5. At this stage, it would be apposite to refer to the observations made by the Supreme Court in the case of Central Coalfields Limited through its Chairman and Managing Director and Ors. Vs. Smt. Parden Oraon, A.I.R. 2021 S.C. 1876. The Apex Court, while dealing the claim of the compassionate appointment belatedly, has observed thus:

“8. The whole object of granting compassionate appointment is to enable the family to tide over the sudden crisis which arises due to the death of the sole breadwinner. The mere death of an employee in harness does not entitl