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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIKHIL S.KARIEL
Solanki Sandipbhai Manibhai – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. petitioner seeks compassionate appointment. (Para 2 , 3) |
| 2. arguments regarding delay in seeking appointment. (Para 4 , 5) |
| 3. court’s observations on delay's impact. (Para 6 , 7) |
| 4. importance of timely application consideration. (Para 8 , 9) |
| 5. supreme court's view on compassionate appointments. (Para 10 , 11) |
| 6. court rejects the petition. (Para 12) |
ORDER :
NIKHIL S. KARIEL, J.
1. Heard learned Advocate Mr. Riyaz Parmar on behalf of the petitioner and learned Assistant Government Pleader Ms. Nirali Sarda on behalf of respondent- State.
2. By way of this petitioner the petitioner had sought for the following prayers:
21. [A] Your lordships may be pleased to issue a writ of Certiorati or any other appropriate writ, order or direction by quashing and setting aside the communications dated 27.04.2010 and 03.05.2010 issue by the respondents, and further be pleased to issue a writ of Mandamus or a writ in the nature of Mandamus or any other appropriate writ/s, order/s, and/or direction/s directing the respondents to give appointment to the petitioner on compassionate ground on account of death of his father during the course of service on 08/11/2008 and at that time scheme for
Compassionate appointments require immediacy; prolonged delays in applications undermine their purpose, leading to dismissal of claims that are not timely pursued.
The court affirmed that compassionate appointments should be timely and that significant delays undermine their purpose, especially when applicants secure employment.
Compassionate appointment is an exception to the general rule and is meant to provide immediate help to the family of the deceased breadwinner. Appointment on compassionate ground is a concession and....
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 appointments are not inherent rights, necessitating prompt application to address immediate family financial distress after the death of an employee.
The main legal point established in the judgment is that the application for compassionate appointment should be reasonable and proximate to the time of the death of the bread earner, and the process....
The need for immediacy in providing compassionate appointment and disentitling relief due to undue delay.
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.
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