Compassionate appointments require timely applications to establish immediate financial need; delays undermine legitimacy and are not condoned under constitutional principles.

JUDGMENT :

AJAY BHANOT, J.

I. Introduction

1. The petitioner made a claim for appointment on compassionate grounds on 24.01.2020. The petitioner has sought for the following relief:

"(i) To issue a writ, order or direction in the nature of mandamus commanding the respondents to forthwith decide the applications preferred by the petitioner seeking his compassionate appointment, dated 24.01.2020 as well as 04.04.2025 (Annexure no. 6 and 8 to this writ petition).

(ii) To issue a writ, order or direction in the nature of mandamus commanding the respondent authorities to grant him compassionate appointment as expeditiously as possible."

II. Facts established from the record

2. The father of the petitioner was dismissed from service by order dated 10.05.2006. The father of the petitioner instituted proceedings before the labour court against the order of dismissal. The labour court by award dated 16.10.2015 set aside the dismissal of the petitioner's father from service and directed reinstatement with full backwages and all consequential benefits attached to the post. The award of the labour court was assailed before this Court by instituting Writ C No. 53989 of 2016 (D.G.M. (Appellate Authority) State Bank of India Vs. Central Govt. Industrial Tribunal Cum Labour Court). The writ petition is still pending. Steps to expedite the hearing of the said writ petition are not disclosed in the writ petition. The following order was passed in the aforesaid writ petition:

"Till the next date of listing, effect and operation of the impugned award dated 16 October 2015, published on 28 April 2016, shall remain stayed provided the respondent workman is reinstated within one month from date and 25% of his back wages is released within three months thereafter.

It is clarified that the sum released in favour of the workman and the balance back wages shall be subject to final decision of the writ petition."

3. The father of the petitioner died in harness on 08.12.2019. An application for grant of appointment on compassionate grounds was preferred on behalf of the petitioner by his mother on 24.01.2020. Subsequently another application was made on 04.04.2025 for the same purpose.

4. The petitioner claims that he had made several representations over the years for compassionate appointment.

III. Appointment on compassionate grounds : Rationale & Purpose

5. The process of appointments on compassionate grounds is a departure and an exception to the public process of appointments as stipulated in the Constitution. Compassionate appointments reflect the commitment of the State as a model employer to the welfare of its employees.

6. The sole purpose of compassionate ground appointments is to provide prompt financial succour to a family of the deceased government employee which faces sudden financial destitution as a result of the death of the employee in harness. The appointments on compassionate grounds have passed the test of constitutionality by a slender margin and on the above grounds alone.

7. Appointments on compassionate grounds give a sheltered entry to the dependents of a deceased employee into government service without the rigors of an open selection procedure. The competitive merit of candidates is of no relevance since the appointments are made without adopting the public selection procedure. Norms of recruitment are completely relaxed for appointment on compassionate grounds. Howe