Compassionate appointment applications can be considered despite delays if exceptional circumstances exist, such as family tragedy and ignorance of procedural requirements.

ORDER :

1. Fate has rather been cruel to the petitioner herein. He was a mere two-year-old when tragedy first struck. He lost his father, the sole bread winner of family, and was left to be raised by his illiterate widowed mother, who struggled to survive on a meager family pension. Tragedy struck again, when his elder brother, the family's last hope, also died while his application for a compassionate appointment was still pending. The weight of these unbearable losses shattered his mother’s mental stability. Now, with nothing but the scars of relentless misfortune, he stands before this Court, seeking not charity, but in hope for justice by way of a directive to the respondents to alleviate his suffering and grant him the compassionate appointment in terms of the applicable policy when an employee dies in harness.

2. The facts in brief are as follows:-

2.1. The father of the petitioner, working as Helper-II with the respondent-Rajasthan Rajya Vidhyut Prasaran Nigam Ltd. (for brevity, 'the Nigam'), passed away on 22.08.1997. Upon his death, his widow Smt. Anshu immediately submitted an application dated 29.08.1997 along with requisite documents stating inter-alia that she being illiterate, compassionate appointment be given to either of the sons (aged 7 years and 2 years respectively) upon attaining majority.

2.2. Upon attaining majority, Kamlesh` Kumar (elder brother of the petitioner), approached the respondents for grant of compassionate appointment. After consistent persuasions, finally the matter of brother of the petitioner was processed by the respondents vide communication dated 11.01.2012 (Annexure-P/2). Thereafter, the application of petitioner's elder brother moved from table to table but to no avail. Unfortunately, the petitioner's brother also expired untimely on 22.06.2015.

2.3. The petitioner then moved a representation dated 06.07.2015 to the respondents informing about the death of his elder brother and, therefore, substitute him as compassionate appointee. However, despite legal notice nothing was heard by the petitioner. Hence, this petition.

3. The stand taken by the respondent-Nigam in its reply is that as per the provisions of the Rajasthan Compassionate Appointment of Dependents of Deceased Government Servants Rules, 1996, the surviving spouse should have applied for appointment of self or any other dependent within a period of 45/90 days respectively from the date of death of employee. In the present case, neither the surviving spouse, i.e. the widow, submitted an application for compassionate appointment nor the timely information of minor dependent on attaining the age of majority was given in the prescribed time limit. It is stated inter-alia that the elder son attained majority on 07.04.2008. The application for compassionate appointment was received in the year 2012, i.e. after about a delay of three and a half years. Therefore, the same was found to be belated for giving appointment on compassionate ground. Said decision was communicated vide letter dated 13.07.2015. Likewise, the application of the present petitioner was also found barred by time for the same, which decision was communicated vide communication dated 15.02.2016 (Annex.R/6).

4. In the aforesaid backdrop, I have heard the rival contentions and perused the case file.

5. Learned counsel for the petitioner submits that family of the petitioner resides in tribal area and for surviving, the family is dependent upon meager family pension, which was accorded to the widow mother. He further points out that the petitioner or his brother, since they lived in the remote tribal area, were ignorant about the application to be filed within 90 days and were sanguine that upon the elder brother of the petitioner completing his education, he would get favourable treatment as per Rule 10 ibid, upon their approaching the respondents. It was in these circumstances, delay of 3 years 6 months took place and the petitioner's elder brother, as soon as finishing e