Compassionate appointment is provided to tide over the crisis which the family plunges into due to the sudden and untimely demise of their sole breadwinner. Acceptance of temporary and permanent appointments without protest and filing a petition after a long delay estops the petitioner from approaching the Court.

JUDGEMENT/ORDER :

1. The petitioner in this petition has sought a direction to the respondents to treat his appointment as Junior Assistant on permanent basis with effect from 12.06.2000 with all consequential benefits.

2. Short grievance projected by the petitioner is that his father Late Sh. Gopal Chand Anand, who was serving as Senior Surveyor in the respondent-Corporation, died on duty due to accident on 12.12.1999. The petitioner being son of the deceased employee of respondent No. 1 and otherwise eligible to hold the post of Junior Assistant, submitted an application to the respondents for his appointment on compassionate grounds.

3. The competent authority vide its communication dated 06.06.2000 approved the temporary appointment of the petitioner as Junior Assistant in the then pay scale of Rs. 2250-3315 (W-3 level) for a period of one year. Consequent upon the approval granted by the competent authority, the Deputy Manager (HR) vide order dated 12.06.2000 offered temporary appointment to the petitioner on the post of Junior Assistant (W-3). The temporary appointment of the petitioner was extended from time to time. The petitioner continued in temporary employment of the respondent-Corporation till 27.04.2010 when respondent Corporation offered the petitioner permanent appointment of Junior Assistant.

4. Upon acceptance of the offer, a formal order of appointment of the petitioner as Junior Assistant (W-3) in the pay scale of Rs. 5000-9590 (pre-revised) on substantive basis was issued and the petitioner was put on probation for a period of one year. On completion of probation period, the petitioner was confirmed. The petitioner is aggrieved of his appointment as Junior Assistant given with effect from 27.04.2010 and submits that he is entitled to regular appointment as Junior Assistant (W-3) with effect from the date of his initial appointment i.e. 12.06.2000. Having failed to persuade the respondents to redress his grievance, the petitioner has filed the instant petition.

5. The respondent-Corporation, represented by Ms. Garima, Advocate, has filed the objections and contested the claim of the petitioner. The writ petition is opposed inter alia on the ground that the same is hit by delay and latches. It is contended that the petitioner was offered temporary appointment as Junior Assistant on 12-06.2000, which he readily accepted and it is only after 15 years of the issuance of the aforesaid order, the petitioner has come to this Court with the plea that he ought to have been given permanent employment as Junior Assistant with effect from 12.06.2000. It is the stand of the respondent-Corporation that, with a view to fulfil the commitment made to the workmen under Clause 0.5.4 of the Memorandum of Understanding dated 21.08.1995, the petitioner was accommodated by providing him temporary employment despite the fact that the regular vacancy of the Junior Assistant was not available at the relevant point of time.

6. Heard learned counsel for the parties and perused the material on record.

7. The compassionate appointment in the respondent-Corporation is governed by the Memorandum of Understanding signed between the corporation and its workers' Union. Rule 0.5.4 promises to provide employment to one dependent of each workman who is permanently disabled or dies as a result of accident while on duty. For facility of reference, clause 0.5.4 of the Memorandum of Understanding is reproduced hereunder:-

0.5.4 Employment to one dependent of each workman who is permanently disabled or dies as a result of accident while on duty, will continue to be provided as at present. Dependent for this purpose will mean spouse of the employee, his/her son or daughter of legally adopted son/daughter.

8. From reading of clause 0.5.4 of the Memorandum of Understanding, it transpires that though there is no statutory scheme for providing employment, yet there is an understanding between the Corporation and its workers' union that the Corporation will provi