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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHOK KUMAR JAIN
Sagar Samaria, S/o. Late Sh. Rakesh Kumar – Appellant
Versus
Life Insurance Corporation Of India, Through Its Senior Divisional Manager – Respondent
ORDER :
ASHOK KUMAR JAIN, J.
1. Instant writ petition is preferred by petitioner with following prayer:
“To issue an appropriate writ, order or direction quashing and setting the letters sated 27.01.2022 and 15.02.2022.
To issue an appropriate writ, order or direction, directing the respondents to appoint the petitioner on compassionate basis on suitable post with all consequential basis with interest @ 18 percent annum.”
2. The brief facts of the case are that the father of petitioner, Shri Rakesh Kumar, died on 6.12.2021 when he was working as Higher Grade Assistant (HGA) with the respondent corporation (LIC). At the time of death, he was survived by his wife Manju Lata, two sons Karan and Sagar, and two daughters Sapna and Surbhi, besides parents of deceased. On 05.01.2022, the mother of petitioner submitted an application to grant compassionate appointment to petitioner in place of her deceased husband Rakesh Kumar. The respondents had declined the request of the petitioner vide letter dated 27.1.2022 on the premise that daughter of late Shri Rakesh Kumar, Ms. Surbhi is gainfully employed with the government. The case of petitioner is that Surbhi had been married on 29.12.2021 even
Compassionate appointment is not a right but a measure to assist families in financial distress, and is contingent on family employment status and compliance with rules.
Compassionate appointment is not a vested right and must consider the financial condition of the deceased employee's family, which was not in distress in this case.
Compassionate appointments must be made promptly following a breadwinner's death; delayed applications undermine their purpose.
Compassionate appointment is a concession, not a legal right, and requires compliance with specific provisions while emphasizing immediate application to demonstrate need.
Compassionate appointment is a discretionary relief based on the immediate financial needs of the family, requiring a thorough assessment of all income sources and benefits received.
Point of Law : As more than 30 years have passed since the father of the petitioner/appellant had expired, neither there is any useful purpose to issue any positive direction, nor the facts of the ca....
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