NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1141 of 2016 • Ku. Anita Sarthi D/o Late Badak Ram Sarthi, Aged About 30 Years R/o Rassian Hostel (Rest House), C S E B Colony, Korba (East), Distt.

Korba, Chhattisgarh ---- Petitioner Versus

1. Chhattisgarh State Power Distribution Company Ltd. (CSPDCL)

Through Its Chairman Regd Oice - at Energy Info Tech Centre, Daganiya, Raipur Chhattisgarh District Raipur

2. Chhattisgarh State Power Holding Company Ltd, Through its Director General Manager (H R D) Regd Oice - At Energy Info Tech Centre, Daganiya, Raipur, Chhattisgarh, District : Raipur, Chhattisgarh ---- Respondent ……………………………………………………………………………………………………………………………………………………………………………………

For Petitioner Mr. HS Ahluwalia, Advocate For Respondent Ms. Shristi Upadhyaya, Advocate on behalf of Mr. Ghanshyam Patel, Advocate …………………………………………………………………………………………

SB.: Hon'ble Mr. Justice Deepak Kumar Tiwari

Order On Board

26/4/2024

1. This petition has been iled for grant of compassionate appointment as the mother of the petitioner, who was working under the concerned Department/respondents, died in harness on 30.6.1999.

2. Brief facts of the case are that mother of the petitioner namely Late Budhwari Bai was working under the concerned Department/respondents and died in harness on 30.6.1999.

The father of the petitioner, who was not an earning member in the family, also expired on 7.3.2009. The petitioner applied for compassionate appointment on 28.1.2007 after attaining majority. The claim of the petitioner for grant of compassionate appointment has not been considered by the respondents. Hence, this petition.

3. In the return iled by the respondents, it has been stated that as per the applicable Policy, an application for compassionate appointment has to be made within one year from the date of death of the deceased employee and in the instant case, on the date of death of the deceased-employee, the Policy of compassionate appointment of the erstwhile State of Madhya Pradesh Electricity Board dated 30.1.1997 (Annexure R/1) was in force. In the said Policy, there was no provision to grant compassionate appointment to any dependent of the deceased-employee after attaining majority. Hence, the petition is misconceived and deserves to be dismissed.

4. Heard learned counsel for the parties and also perused the documents annexed with the record with utmost circumspection.

5. In the case at hand, the mother of the petitioner died in harness on 30.6.1999 and after more than 8 years from the date of her death, an application for compassionate appointment was made after attaining majority by the petitioner. It is not disputed that as per the subject Policy, an application for compassionate appointment has to be made within a period of one year and there is no scheme formulated by the respondent-employer to grant compassionate appointment to any dependent of the deceased employee, who was less than the age of 18 years at the time of death of the deceased-employee, after attaining the majority. So this Court cannot step into the shoes of the employer and formulate a Scheme or Policy.

6. Recently in the matter of State of West Bengal vs. Debabrata Tiwari and Others, [2023 SCC OnLine SC 219], it has been categorically observed that in a case where, for reasons of prolonged delay, either on the part of the applicant in claiming compassionate appointment or the authorities in deciding such claim, the sense of immediacy is diluted and lost. Further, the inancial circumstances of the family of the deceased, may have changed, for the better, since the time of the death of the government employee. In such circumstances, Courts or other relevant authorities are to be guided by the fact that for such prolonged period of delay, the family of the deceased was able to sustain themselves, most probably by availing gainful employment from some other source. Granting compassionate appointment in such a case would amount to treating a claim for compassionate appointment as thoug