Court rules that financial distress and timely application upon attaining majority justify the appeal for compassionate appointment despite a 15-year gap.
In a significant ruling, the Rajasthan High Court has overturned a previous decision rejecting an application for a compassionate appointment submitted by Umesh Singh, whose father, a technician at CSIR-Central Electronics Engineering Research Institution, passed away in 2005. The appeal, heard by a division bench comprising Mr. Sanjeev Prakash Sharma, ACJ, and Mr. Chandra Shekhar Sharma, J., set aside the order of the Single Judge dismissing Singh's writ petition.
The case revolves around the compassionate appointment scheme under the Central Government, which aims to provide employment to dependents of deceased government employees to alleviate financial distress. Singh was a minor when his father died, and his application was filed after he attained the age of majority. Despite a 15-year gap since his father's passing, the court found the rejection of his application on the grounds of delay unsustainable.
The judgment emphasized that the scheme's objective is to provide for families in financial distress, and the mere survival of a family does not imply financial stability. The court noted that the family's reliance on pension and gratuity did not negate their financial hardships. The bench highlighted that the scheme must be interpreted in light of its welfare objective, allowing flexibility for applicants who apply within a reasonable period upon becoming eligible.
Furthermore, the court dismissed the argument that other eligible family members had not applied, stating that such technical grounds should not defeat the scheme's purpose. The decision draws from precedents set by the Supreme Court, which underscore the importance of addressing the financial crisis at the time of application and the need for a dignified existence as per Article 21 of the Constitution.
The court directed the Respondent, CSIR-Central Electronics Engineering Research Institution, to consider Umesh Singh's application for compassionate appointment promptly, acknowledging his family's ongoing financial distress.
Bottom Line :
Compassionate appointment - Application for compassionate appointment filed by a dependent after attaining majority - Delay beyond five years from the death of the breadwinner does not automatically disqualify the applicant if financial crisis persists, and application is made within a reasonable time upon eligibility.
Statutory provision(s): Article 21 of the Constitution of India, Scheme for Compassionate Appointment Under Central Government, Department of Personnel & Training O.M. No.14014/3/2011-Estt.(D) dated 26.07.2012, O.M. No.14014/02/2012-Estt. (D) dated 16.01.2013.
