Chhattisgarh High Court Denies Compassionate Appointment Request After Long Delay

Court affirms the principle that compassionate appointments are for immediate financial relief, rejecting a plea filed 15 years after the employee's death.

In a significant ruling, the Chhattisgarh High Court has dismissed the appeal of Ku. Smriti Verma, who sought a compassionate appointment following the death of her mother, a government employee, in 2000. The court upheld the decision of the single judge, emphasizing that the essence of compassionate appointments is to provide immediate financial relief to families facing sudden hardship due to the death of a government employee.

The case revolved around the application of Ku. Smriti Verma, who applied for a compassionate appointment in 2015, a full 15 years after her mother's demise. Her application was initially rejected by the department in 2017, prompting her to file a petition. The petitioner argued that the 1994 policy allowed dependents to apply for compassionate appointments upon reaching the age of majority. However, the court noted that the purpose of such appointments is to address immediate financial crises, which was not the case here, given the prolonged delay in the application.

The bench, comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, reaffirmed that the policy in place at the time of the employee's death is applicable and that the delay undermined the fundamental objective of compassionate appointments. The judgment was informed by the precedent set in the Supreme Court case, State of Maharashtra v. Ms. Madhuri Maruti Vidhate, which underscores that compassionate appointments are not a substitute for routine employment but are intended to mitigate immediate financial distress.

In rendering its decision, the court stated, "The petitioner shall not be entitled to appointment on compassionate ground after a number of years from the date of death of her deceased mother." The court also noted that the family had survived the intervening years, further diminishing the urgency that compassionate appointments are designed to address.

This ruling serves as a reminder of the narrow and specific purpose of compassionate appointments within public service, reinforcing that they are not intended to be a long-term employment solution, but a means of providing immediate support to families facing sudden financial hardship.

Bottom Line:

Compassionate appointment is an exception to the general rule of appointment in public services, meant to provide immediate financial assistance to families experiencing sudden hardship due to the death of a government employee - Applications made after a prolonged delay from the date of death do not fulfill the objective of such appointments.

Statutory provision(s):  

• - Compassionate Appointment Policy of 1994
• - Relevant Supreme Court Judgments on Compassionate Appointments

Ku. Smriti Verma v. State of Chhattisgarh, (Chhattisgarh)(DB) : Law Finder Doc Id # 2796575