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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MAUNA M. BHATT, J.
Naynaben Wd/o Dhirubhai Patel – Petitioner
Versus
State of Gujarat – Respondent
Special Civil Application No. 10436 of 2023
Decided On : 11-07-2023
Special Civil Application – Employee Expired during service - Legal heirs - Seeking compensation in lieu of compassionate appointment - Whether applications for compassionate appointment could be considered after a delay of several years – Held, Court are of view that, in a case where, for reasons of prolonged delay, either on part of the applicant in claiming compassionate appointment or authorities in deciding such claim, sense of immediacy is diluted and lost - Financial circumstances of family of deceased, may have changed, the better, since time of death of government employee - Compassionate appointment is not a vested right which can be exercised at any time in future - Lump-sum compensation cannot be claimed or offered after a lapse of time and after crisis is over - Court is of view that GR dated, cannot be read in isolation and aim and object of GR dated is to be considered - Court is not in agreement with submissions of learned Advocate for petitioner that delay in grant of benefit of Government Resolution dated is to be ignored - Petition dismissed
ORDER :
1. This petition is filed seeking following reliefs:
(B) That the Hon’ble Court may be pleased to allow this Special Civil Application by issuing an appropriate writ of Mandamus or in the nature of Mandamus, order or direction directing the respondent authorities to grant compassionate Financial Assistance to the Petitioner in accordance with the policy dated 5-7-2011 as modified by the policy dated 7-4-2016 in the interest of justice.
(C) Alternatively, your Lordships may be pleased to direct the respondent authorities to take appropriate decision on the application made by the petitioner dated 28.11.2022 in accordance with the policy dated 5-7-2011 as modified by the policy dated 7-4-2016 in the interest of justice.
(D) Your Lordship may be pleased to Grant such other and further reliefs as deemed just and proper by this Hon’ble Court in the interest of justice.”
2. Heard learned advocate Ms. Bhumika Vadodariya for learned advocate Murali Devnani, for the petitioner.
3. She submitted that husband of the petitioner expired during service on 06.05.2013. The husband of the petitioner had completed more than 30 years of service, and therefore the petitioner is entitled for the benefits flowing from Government resolutions from time to time. Since, the petitioner expired during service, the legal heirs are entitled for benefits flowing from the Government Resolution dated 05.07.2011 as also modified Government Resolution dated 07.04.2016. Therefore, the petitioner made an application seeking compensation in lieu of compassionate appointment on 28.11.2022. Learned Advocate submitted that under Government Resolution dated 05.07.2011, the legal heirs of deceased (petitioner) are entitled for the compensation in lieu of compassionate appointment, therefore appropriate direction may be issued to grant the said benefit as per modified policy dated 07.04.2016.
4. Opposing the petition, learned Assistant Government Pleader Ms. Pooja Ashar for the respondent-State relied upon decision of this Court in case of Sumitraben Wd/o Kantilal Patel vs. State of Gujarat in Special Civil Application No. 9682 of 2023 and submitted that the husband of the petitioner expired on 06.05.2013 and the application seeking compensation in lieu of compassionate appointment was preferred on 28.11.2022, which is admittedly after 11 years. She submitted that as held by this Court granting of such benefit would amount to going beyond the aim and object of the Government Resolution dated 10.03.2000 and therefore relief prayed for may not be granted. She submitted that as held by this Court the petitioner is not entitled for any relief because that would amount to provide relief beyond the aim and object of Government Resolution dated 10.03.2000.
5. Considered the submissions. It is noticed that the application seeking compensation in lieu of compassionate appointment is made in the year 2022 i.e. after a period of 11 years. This Court in the case of Sumitraben Wd/o Kantilal Patel vs. State of Gujarat in Special Civil Application No. 9682 of 2023 held as under:
“7. For the prayer of grant of lump-sum compensation under Government Resolution dated 05.07.2011, it is noticed that there is a delay of more than 10 years and 6 years respectively in seeking the sai
The main legal point established is the need for immediacy in compassionate appointments and the consideration of the financial condition of the deceased employee's family.
The need for immediacy in providing compassionate appointment and disentitling relief due to undue delay.
Compassionate appointment claims must be filed within stipulated timelines; delay undermines the purpose of relief intended for immediate financial distress and is not a vested right.
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.
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