JUDGMENT :

ANAND SHARMA, J.

1. Present writ petition has been filed seeking issuance of direction to the respondents to grant compassionate appointment to the petitioner on account of the death of the petitioner’s father, who was serving as Gardener with the respondents. The petitioner contends that the family suffered financial hardship upon the demise of the deceased employee and that the denial of compassionate appointment is arbitrary and unjust.

2. Learned counsel for the petitioner submitted that Late Shri Bala Baksh, father of the petitioner was working on the substantive post of Gardener with Public Works Department. However, he expired on 10.01.2020 while in service, leaving behind his widow, two sons (including petitioner) and three daughters.

3. Learned counsel for the petitioner submitted that mother of the petitioner, Smt. Gyarsi Devi submitted an application before the Superintendent, Garden, Public Works Department on 04.03.2020 for the purpose of granting appointment to the petitioner on compassionate ground, however, the same was rejected by the respondents. Hence, the petitioner has approached this Court by way of filing instant writ petition. It is submitted that the action of the respondents in declining benefit of appointment on compassionate ground to the petitioner is unjustified, unwarranted and violative of Article 21 of the Constitution of India. Learned counsel for the petitioner argued that when the compassionate appointment rules entitles the petitioner for compassionate appointment for saving the family of deceased employee from starvation, there is no justification in not providing the same to the petitioner, dependent of the deceased employee. Therefore, learned counsel for the petitioner has prayed for allowing the writ petition as also issuance of direction to the respondents for grant of appointment to the petitioner on compassionate ground.

4. I have heard learned counsel for the petitioner and carefully perused the material on record.

5. The relevant facts, which are not in dispute, disclose that the deceased employee died in harness on 10.01.2020 several years prior to the filing of the present writ petition. It is an admitted position that though an application seeking appointment on compassionate ground for the petitioner was filed by his mother, but the same was rejected by the respondents and the present writ petition has been instituted after a substantial and unexplained lapse of time.

6. The central issue that arises for consideration is whether a claim for compassionate appointment can be sustained after a long and unexplained delay and whether such a claim survives the settled legal principles governing compassionate appointment under public service jurisprudence.

7. At the outset, it must be reiterated that compassionate appointment is not a matter of right, nor an alternative mode of recruitment. It constitutes a narrowly carved exception to the general rule of public employment under Articles 14 and 16 of the Constitution of India, intended solely to provide immediate financial assistance to the family of a deceased employee who dies in harness, leaving the family in sudden penury. The underlying purpose is to mitigate an unforeseen financial crisis and to ensure that the family is not left without means of subsistence.

8. The Hon’ble Supreme Court in the case of Sushma Gosain & Others vs. Union of India & Others, (1989) 4 SCC 468, authoritatively held that compassionate appointment must be provided without delay, as the very rationale of the scheme is to relieve the family from immediate destitution caused by the death of the sole breadwinner. The Hon'ble Supreme Court emphasised that appointments should be made promptly and that the creation of supernumerary posts, if necessary, is permissible to serve the humanitarian purpose of the scheme. However, the Hon'ble Supreme Court also cautioned that undue delay defeats the very object of compassionate appointment, rendering such claims un