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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Ashok Kumar S/o Late Shri Mishri Lal – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. writ petition filed under article 226. (Para 1) |
| 2. petitioners' financial hardship and dependence. (Para 3) |
| 3. respondent's justification for rejection based on delay. (Para 4) |
| 4. court's analysis of merit for family pension vs compassionate appointment. (Para 5) |
| 5. court allows petition in part; directs family pension payment. (Para 7) |
ORDER :
1. The instant writ petition has been filed under Article 226 of the Constitution of India, invoking the extraordinary jurisdiction of this Hon’ble Court, seeking directions for the grant of family pension to Petitioner No.2 along with all consequential arrears and interest, and for quashing the orders dated 12.08.2011 and 26.12.2016 passed by the Additional Director (Administration), Primary Education, Rajasthan, Bikaner. The petition also seeks compassionate appointment for Petitioner No.1, consequent to the untimely demise of Shri Mishri Lal, father of Petitioner No.1 and husband of Petitioner No.2.
2.1. Briefly stated the facts of the case are that the petitioner No.1 completed the Secondary Examination in 1998 and the Senior Secondary Examination in 2001 from the Board of Secondary Education, Rajasthan, Ajmer (Annexures-1 &
Family pension is a subsisting statutory right and must be disbursed promptly, while compassionate appointments require timely applications to be considered valid.
Compassionate appointment is not a source of recruitment and cannot be claimed or offered after a lapse of time. The financial condition of the family at the time of the employee's death is a primary....
The central legal point established in the judgment is that the claim for compassionate appointment cannot be entertained after a considerable period of time since the death of the government employe....
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 cannot be claimed after a reasonable period post the breadwinner's death, as established in case law, indicating it is not a vested right but a remedy for immediate distress....
Compassionate appointment is meant to provide immediate succor to the family, and delay in filing the petition can render the need for immediate assistance redundant.
Compassionate appointments must be sought promptly to address immediate financial hardship; delays undermine claims, reflecting absence of need.
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