Compassionate appointment is a narrow exception to general recruitment rules intended for immediate relief from financial crisis; prolonged and unexplained delay renders such claims unsustainable as it converts a humanitarian exception into a vested right, violating the constitutional mandate of equal opportunity in public employment.

Judgment

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 Constable at 8th Battalion RAC, Gajipur, Delhi. 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 Kailash Singh, Constable (Belt No. 786), father of the petitioner was working on the substantive post of Constable with 8th Battalion, RAC, Gajipur, Delhi. However, father of the petitioner was suffering from cancer and expired on 23.06.2019 while in service, leaving behind his widow and son (petitioner).

3. Learned counsel for the petitioner submitted that after death of deceased-employee, Respondent No. 4, vide letter dated 08.07.2019 informed mother of the petitioner for applying for appointment on compassionate ground. Thereafter, vide letter dated 05.09.2019, mother of the petitioner was requested to apply for aforesaid appointment within 90 days from the death of deceased-employee. Mother of the petitioner submitted an application for granting her appointment on the post of Class IV Employee on compassionate ground. Thereafter, mother of the petitioner was informed by the respondents vide letters dated 27.09.2019 and 06.01.2020 to appear at Battalion Headquarters for document and character verification. Since mother of the petitioner was not well, therefore, she submitted an application to the respondents praying for granting appointment to the petitioner on compassionate ground in her place.

4. Learned counsel for the petitioner further submitted that the respondents did not prepare the case of the petitioner for appointment on compassionate ground and in the meantime, the petitioner attained the majority and passed 12th Class. Thereafter, the petitioner submitted application dated 04.06.2025 seeking appointment on the post of Junior Assistant (LDC) on compassionate ground. Thereafter, directions were sought from Respondent No. 2 regarding grant of appointment on compassionate ground to the petitioner. Respondent No. 2 vide its letter dated 24.07.2025 informed that as per letter No. P.22 (140) Home-1/2017 dated 08.04.2024, relaxation for appointment on compassionate ground after delay was permissible only in those cases where applications for such appointment were received within three years from the date of the employee concerned. However, vide letter dated 03.08.2025 issued by Respondent No. 4, the petitioner was informed that application seeking appointment on compassionate ground was filed by him with delay, therefore, such appointment could not be granted to the petitioner.

5. Learned counsel for the petitioner submitted that feeling aggrieved, the petitioner submitted a detailed representation to the respondents stating therein that mother of the petitioner has earlier applied for appointment on compassionate ground which was within time. However, no attention was paid by the respondents to the representation of the petitioner. 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