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2026 Supreme(Jhk) 620

IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, J.
Ram Lal Mahto Son of Late Rameshwar Mahto - Petitioner
Versus
The Union of India & Ors. - Respondent
W.P.(S) No.881 of 2009
Decided On : 06-05-2026

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Samavesh Bhanj Deo, Advocate
For the Respondents:Ms. Bakshi Vibha, Advocate

Compassionate appointment serves as a humanitarian exception to provide immediate relief against financial destitution following a breadwinner's death. It is not a vested right; therefore, claims cannot be entertained after a significant lapse of time as the primary objective of alleviating immediate emergency hardship is effectively nullified.

Headnote:(A) Constitution of India - Articles 14, 16, and 226 - Appointment on compassionate ground - Object is to provide immediate financial relief to the family of a deceased employee to prevent destitution - Such appointment is an exception to the constitutional mandate of equality in public employment - Delay in seeking the remedy or excessive passage of time since the date of death effectively frustrates the object of the policy - Judicial interference is not warranted when the immediate financial crisis has long passed and the claim has been dormant for an extended period. (Paras 13, 16, 17, 18, 23, 24)

(B) Compassionate Appointment - Limitation and delay - The policy for appointment on compassionate grounds is meant to tide over sudden financial exigencies - Such employment cannot be claimed as a vested right or as an alternative mode of public recruitment - Public authorities are not obligated to offer employment years after the death of the bread earner when the initial, urgent necessity has ceased to exist. (Paras 17, 20, 22)

Facts of the case:
The petitioner's father died while in service. An application for compassionate appointment was submitted shortly after the death, but the request was rejected after several years due to a lack of vacancies and the authority's assessment that the immediate financial crisis had subsided. The petitioner challenged the rejection order in the High Court after a lapse of seven years from the date of the decision.

Findings of Court:
The court observed that compassionate appointment is an exception to the general rules of equal opportunity and must be strictly confined to its purpose of providing immediate succor to a bereaved family. It concluded that since nearly three decades have elapsed since the death of the primary earner, the foundational purpose of the scheme has been fully achieved by the passage of time, making any current intervention redundant.

Issues: The main issues were whether a rejection of a compassionate appointment claim due to vacancy constraints and delayed approach is sustainable, and whether the significant passage of time precludes the granting of future relief.

Ratio Decidendi: Compassionate appointment is not a source of employment but a humanitarian exception intended to mitigate immediate financial destitution. When the urgency of the situation is negated by long delays, the claim loses its validity, and courts should not interfere with administrative decisions denying such requests after the crisis has long since passed.

Result: Writ petition dismissed.

Table of Content
1. outline of the procedural history and factual background leading to the compassionate appointment rejection. (Para 1 , 2 , 3 , 4 , 5)
2. conflicting contentions regarding the existence of a vacancy, the relevance of delay, and the purpose of the scheme. (Para 6 , 7 , 8 , 9)
3. the constitutional validity of compassionate appointment as an exceptional measure to mitigate immediate financial crisis. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18)
4. application of the principle that persistent delay in claiming compassionate appointment defeats its primary object of immediate relief. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25)
5. final order dismissing the petition due to the lapse of time and loss of urgency. (Para 26 , 27)

JUDGMENT :

SUJIT NARAYAN PRASAD, J.

Prayer

1. The writ petition is under Article 226 of the Constitution of India whereby and whereunder the decision as contained in letter dated 20.08.2002 (Annexure-7) by which the claim of the petitioner for appointment on compassionate ground has been rejected due to non-availability of sufficient vacancy within 5% quota and on the ground of delay.

Factual matrix

2. The brief facts of the case as per the pleading made in the writ petition, which are required to be enumerated, read hereunder as :-

The father of the petitioner namely Late Rameshwar Mahto was a permanent employee of Army and was posted as Ex-Mazdoor (OTO) at MES, Dipatoli, Ranchi, who died in harness on 10.10.1996 leaving behind his widow namely Charki Devi and three sons namely Ram Lal Mahto (the petitioner), Puran Mahto and Aghun Mahto.

Soon after the death of the father of the petitioner, the mother of the petitioner and the widow of the deceased employee applied for appointment of her eldest son i.e. the petitioner on compassionate ground on 18.01.1997 i.e. within a span of almost three months alongwith the format of compassionate appointment duly filled up by the petitioner himself.

The Executive Engineer, Garrison Engineer, Ranchi by his letter dated 31.01.1997 returned the application submitted by the mother of the petitioner since certain original documents were not submitted with the same.

The petitioner alongwith his mother immediately submitted the required documents before the respondents.

The case of the petitioner was forwarded to the Headquarters, Commander Works Engineers, Ranchi by letter dated 19.03.1997 for necessary action.

Though the petitioner had applied for compassionate appointment in January, 1997 but the petitioner was issued a letter dated 30.10.1999 directing him to submit moveable/ immoveable property certificate, details of his family members and No Objection certificate.

The petitioner was duly informed vide letter dated 26.02.2001 that his case for compassionate appointment is under consideration and he is at Merit No. 134.

But, to the utter surprise of the petitioner, he received a letter dated 20.08.2002 by which he has been communicated that his claim for appointment on compassionate ground has been rejected due to non-availability of sufficient vacancy within 5% quota and on the ground of delay.

It was communicated to the petitioner by letter dated 20.8.2002 that the need for immediate assistance by way of compassionate employment is to tide over the emergency and crisis is lacking in his case as the death of his father was on 10.10.1996 i.e. 5 years.

Thereafter, in the year 2009, the petitioner approached to this Court by filing the instant writ petition.

3. It is evident from the factual aspect that the father of the writ petitioner has died in harness on 10.10.1996 leaving behind the widow and the other family members including the present petitioner.

4. The due application was made for consideration of appointment on compassionate ground.

5. The case of the petitioner was considered as per the scheme and the same was rejected due to non-availability of vacancy vide letter as contained in letter dated 20.08.2002. The said order is under challenge.

Argument advanced by learne

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Judicial Analysis

2026 Supreme(Jhk) 620

IN THE HIGH COURT OF JHARKHAND AT RANCHISUJIT NARAYAN PRASAD, J.Ram Lal Mahto Son of Late Rameshwar Mahto - PetitionerVersusThe Union of India & Ors. - Respondent W.P.(S) No.881 of 2009Decided On : 06-05-2026

Cases Referred (7)

Judicial Analysis

IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, J.
Ram Lal Mahto Son of Late Rameshwar Mahto - Petitioner
Versus
The Union of India & Ors. - Respondent
W.P.(S) No.881 of 2009
Decided On : 06-05-2026