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2026 Supreme(Online)(Chh) 23984
HIGH COURT OF CHHATTISGARH AT BILASPUR
Sanjay K. Agrawal, J
Kheminbai Verma – Appellant
Versus
State Of Chhattisgarh – Respondent
WPS No. 3686 of 2020
For the Appellants/Petitioners: Basant Dewangan
For the Respondents: Rahul Tamaskar
Compassionate appointment is intended for immediate financial relief for families of government servants; it cannot be granted to non-government employees or when an inordinate delay defeats the purpose of providing immediate assistance.
Headnote:(A) Compassionate Appointment - Eligibility - Employment Status - A person who is not a government servant is not entitled to the grant of compassionate appointment. (Para 5)
(B) Compassionate Appointment - Delay and Laches - Filing petition after significant time lapse - The object of compassionate appointment is to provide immediate financial assistance to the family in event of sudden distress; such purpose is defeated when a claim is made after an inordinate delay (e.g., 15 years). (Para 5)
Issues: Whether the petitioner is entitled to compassionate appointment given the employment status of the deceased husband and the significant delay in filing the petition.
| Table of Content |
|---|
| 1. petitioner seeks compassionate appointment following the death of her husband who served as secretary, panchayat. (Para 1 , 2) |
| 2. state contests the petition based on excessive delay and the deceased's status as a non-government servant. (Para 3) |
| 3. compassionate appointment is denied due to lack of government servant status and defeat of the purpose of immediate relief due to delay. (Para 4 , 5) |
| 4. the writ petition is dismissed with parties bearing their own costs. (Para 6) |
Order on Board
1. By way of this writ petition under Article 226 of the Constitution of India, petitioner is seeking for direction to the respondent authorities to grant compassionate appointment to her in lieu of the death of her husband, who died in harness on 10/07/2009, working as a Secretary, Panchayat.
2. Learned counsel for the petitioner submits that petitioner’s husband namely Dhalchand Verma was posted as Secretary Panchayat under the respondent department and he died in harness on 10/07/2009, thereafter, petitioner submitter her application before the respondents for grant of compassionate appointment, however, it has not been considered and decided till date.
3. Learned counsel for the respondents/State submits that petitioner’s husband died on 10/07/2009 and this writ petition has been filed on 18/08/2020, therefore, it suffers from delay and latches. Moreover, petitioner’s husband was not a Government servant, therefore, compassionate appointment cannot be granted to the petitioner. As such, this writ petition is liable to be dismissed.
4. Heard learned counsel for the parties and perused the record.
5. From a careful perusal of the record, it appears that petitioner’s husband died in harness on 10/07/2009 while working on the post of Secretary Panchayat, therefore, he was not a Government servant and thus, petitioner is not entitled for grant of compassionate appointment. Moreover, more than fifteen years have elapsed since the death of petitioner's husband. At this distant point of time, the very object and purpose of compassionate appointment, which is to provide immediate financial assistance to the family of the deceased employee in the event of sudden financial distress, would stand defeated. Therefore, no useful purpose would be served by issuing any direction to the respondents for consideration of application filed by the petitioner seeking grant of compassionate appointment. I do not find any merit in this writ petition.
6. Accordingly, this writ petition stands dismissed leaving the parties to bear their own cost(s).
