Compassionate appointments must be sought promptly to address immediate financial hardship; delays undermine claims, reflecting absence of need.

JUDGMENT :

Gurpal Singh Ahluwalia, J.

This writ appeal, under Section 2 (1) of the Madhya Pradesh Uchch Nyayalaya (Khand Nyaypeethon Ko Appeal) Adhiniyam, 2005 has been filed against the order dated 07.02.2024 passed in W.P. No. 12082/2021.

2. Facts necessary for disposal of the present appeal, in short, are that father of appellant, namely Sheshnarayan Sen, was working as Assistant Teacher in the respondent/department. While serving at Government Primary School, Khutiyavad, District Guna, he died in harness on 25.10.2007. At that time, the petitioner was a minor, therefore, no application for grant of compassionate appointment was made. Later, on 17.10.2019, he moved an application seeking appointment on compassionate grounds. It was rejected by order dated 11.12.2019. Being aggrieved by the rejection of his claim, petitioner approached this Court by filing W.P. No. 12082 of 2021. The learned Single Judge, by order dated 07.02.2024, dismissed the petition primarily on the ground that family of the deceased employee was not facing any financial distress and the application was filed belatedly i.e., almost after 3 years of attaining majority.

3. Challenging the order passed by the learned Single Judge, it is submitted by counsel for appellant that the appellant had filed an affidavit of himself and his family members in the year 2017, and therefore the finding recorded by the learned Single Judge that appellant had moved an application on 17.10.2019 is factually incorrect.

4. Heard learned counsel for the appellant.

5. By order dated 11.12.2019, the application filed by appellant for appointment on compassionate ground was rejected on the ground that although father of the petitioner had expired on 25.10.2007, but he moved an application only on 17.10.2019, whereas he attained majority on 06.12.2016. The appointment on compassionate grounds is to provide immediate financial help to the distressed family who might be facing financial crisis because of untimely death of their breadwinner. Late Sheshnarayan Sen died on 25.10.2007. Petitioner has filed copies of certain affidavits filed by his family members which are dated 23.12.2017. From the aforesaid affidavits, it is clear that the eldest sister of petitioner was aged about 25 years, and another elder sister was aged about 22 years on 23.12.2017 when the so-called affidavits were executed. If the survivors of the late employee Sheshnarayan Sen were facing financial distress, then whesewy sisters of petitioner did not move an application for their appointment on compassionate ground?

6. Be that whatever it may be.

7. The Supreme Court in the case of The State of West Bengal Vs. Debabrata Tiwari & Ors. by judgment dated 03.03.2023 passed in Civil Appeal Nos.8842-8855/2022 has held as under :-

“7.1. . . . . . .

v. There is a consistent line of authority of this Court on the principle that appointment on compassionate grounds is given only for meeting the immediate unexpected hardship which is faced by the family by reason of the death of the bread earner vide Jagdish Prasad vs. State of Bihar, (1996) 1 SCC 301. When an appointment is made on compassionate grounds, it should be kept confined only to the purpose it seeks to achieve, the idea being not to provide for endless compassion, vide I.G. (Karmik) vs. Prahalad Mani Tripathi, (2007) 6 SCC 162. In the same vein is the decision of this Court in Mumtaz Yunus Mulani vs. State of Maharashtra, (2008) 11 SCC 384, wherein it was declared that appointment on compassionate grounds is not a source of recruitment, but a means to enable the family of the deceased to get over a sudden financia