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RAJESH SHANKAR
Damodar Hansda – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Rajesh Shankar, J.
1. The present writ petition has been filed for quashing and setting aside the decision of the District Level Compassionate Committee, West Singhbhum, Chaibasa taken in its meeting held on 09.11.2016, which was communicated to the mother of the petitioner by the Establishment Deputy Collector, West Singhbhum, Chaibasa vide letter as contained in Memo No. 598(8)/Estab. dated 05.07.2017, informing that the petitioner’s candidature for compassionate appointment was rejected by the said Committee, treating the petitioner’s application as time barred, as the same was not submitted by him within 5 years of death of his father (deceased government servant). Further prayer has been made for issuance of direction upon the respondents to consider the petitioner’s request for appointment on compassionate ground.
2. Learned counsel for the petitioner submits that the father of the petitioner, namely, Ramdas Hansda worked as forest guard at Ram Chandrapur Forest Beat Area and he died in harness on 19.03.1999. After the death of his father, the petitioner’s mother, namely, Salma Hansda submitted an application for appointment on compassionate ground before the Division
Compassionate appointments must be applied for within five years of the government servant's death; delays undermine the purpose of such appointments.
Compassionate appointments must be applied for within one year of the employee's death; delays undermine the claim's validity and significance.
Compassionate appointments must be made promptly to address financial distress; significant delays render claims stale and ineligible for consideration.
Compassionate appointment is not a right and can only be granted under exceptional circumstances, as per the legal provisions and principles discussed by the court.
The court upheld the principle that applications for compassionate appointments must adhere to statutory time limits, reinforcing the restrictive nature of compassionate employment provisions.
Compassionate appointments must be sought promptly; significant delays negate claims as the urgency diminishes.
Compassionate appointments must be made promptly to address financial crises; significant delays render applications stale and unconsiderable.
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