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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
G. S. AHLUWALIA
Rajendra Kushwah – Appellant
Versus
M.P. Madhya Kshetra Vidyut Vitaran Compancy Ltd., – Respondent
| Table of Content |
|---|
| 1. compassionate appointment requires immediacy of need. (Para 1 , 2) |
| 2. claim not covered by policy clause. (Para 3) |
| 3. supreme court affirms need for immediacy in compassionate appointments. (Para 5) |
| 4. conditions for compassionate appointment not met. (Para 6 , 7) |
| 5. laches affect entitlement to relief. (Para 8) |
| 6. delay undermines compassionate grounds claim. (Para 9) |
ORDER :
G. S. AHLUWALIA, J.
1.This petition, under article 226 of the Constitution of India, has been filed seeking following relief (s) :-
“(i) That, the respondents may kindly be directed to consider the case of the petitioner for grant of compassionate appointment.
(ii) That, the respondents may kindly be further directed to grant the compassionate appointment to the petitioner as per his qualification.”
2. It is submitted by counsel for petitioner that the father of petitioner had died in harness on 26.08.2002. At that time, petitioner was only 10 years of age. Even otherwise, on the date of death of the father of petitioner, there was no policy for appointment on compassionate grounds. Later, on 22.05.2018, a policy was implemented, according to which, dependents of employees who died between 15.11.2000
Compassionate appointments are granted to alleviate immediate hardship due to a breadwinner's death, and significant delays in applications can negate claims for such relief.
The need for immediacy in providing compassionate appointment and disentitling relief due to undue delay.
Compassionate appointments must be sought promptly to address immediate financial hardship; delays undermine claims, reflecting absence of need.
Compassionate appointment is not a source of recruitment and cannot be claimed or offered after a lapse of time. The financial condition of the family at the time of the employee's death is a primary....
Compassionate appointment is meant to provide immediate succor to the family, and delay in filing the petition can render the need for immediate assistance redundant.
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