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SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Babli Kumari, D/o. Late Nand Kumar Yadav – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Sujit Narayan Prasad, A.C.J.
I.A. No. 9234 of 2024
The instant interlocutory application has been preferred under Order 22 Rule 3 of the Civil Procedure Code for substitution of legal heirs of the appellant writ petitioner.
2. It is stated in the interlocutory application that the representative of the appellant (minor) in the instant case has died on 15.06.2024, hence the daughter of the deceased representative of the minor appellant, namely, Rekha Kumari, aged about 44 years, D/o Late Upendra Yadav, R/o Near Ladies Hospital Gali, P.O. & P.S.- Sultanganj, Dist- Bhagalpur, Bihar who is the legal heir of the deceased representative of the minor appellant, as such, she may be substituted in place of deceased representative of the minor appellant in the instant case.
3. Considering the reason assigned in the interlocutory application and taking into consideration the purport of Order 22 Rule 3 of the Civil Procedure Code, the prayer made in the instant interlocutory application, is hereby allowed.
4. The name of Rekha Kumari, aged about 44 years, D/o Late Upendra Yadav, R/o Near Ladies Hospital Gali, P.O. & P.S.-Sultanganj, Dist-Bhagalpur, Bihar is hereby substituted in place of
Compassionate employment is not a legal right but an exception to Articles 14 and 16, requiring adherence to specific policies regarding age and eligibility.
Compassionate appointment is an exception and not a matter of right, and should be considered within a specific time frame as per the prevailing policy at the time of consideration.
Compassionate appointment must adhere to the prescribed regulations, and the purpose is to provide immediate financial assistance to the family of the deceased employee.
Compassionate appointments must adhere to strict timelines and cannot be claimed as a right, emphasizing the need for timely applications to address immediate financial crises.
Compassionate appointments must be evaluated with a humanitarian approach, especially for minors at the time of the employee's death, and rigid application of time limits is not appropriate.
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