HC says perplexed over Centre's policy on compassionate job without time limit

The Delhi High court has said the Centre's policy that an application for compassionate appointment could be entertained at any point of time after the death of a government servant is contrary to the fundamental premise on which such jobs are given.

The court said it was "preplexed" to observe the stand taken by the Centre in a circular dated September 29, 2016 that it has been decided that an application for compassionate appointment could be entertained irrespective of the passage of time from the date of demise of the government servant.

"Such a policy goes contrary to the fundamental premise on which compassionate appointments are granted," a bench of Justices Vipin Sanghi and Rajnish Bhatnagar said.

The court's observations came while dismissing a petition in which a woman sought compassionate appointment for her in CISF 26 years after the demise of her father.

The bench said compassionate appointment is not a regular source of recruitment and it is granted only with a view to enable the family of the deceased government servant, who dies in harness, to tide over the immediate financial distress that the family is plunged into.

"The immediate financial distress that the petitioner's (daughter) family suffered in the year 1993, obviously, cannot be said to have continued till 2018, when the petitioner made her application. During this time, the petitioner's mother raised all her children and provided support for their upbringing and education. Not only that, she also has been able to marry and settle all her children," it said.

According to the petition, the woman's father died in March 1993 and her mother did not make an application for compassionate appointment soon after his death.

She made the application in 2011 which was rejected on the ground that the man's wife had not passed class X.

The petitioner said she turned major and completed her graduation in 2013 and made an application for compassionate appointment in 2018.

She had filed a petition in the court which was disposed of on the statement of the counsel for the authorities that the maximum period of 15 years as prescribed has subsequently been deleted by way of an amendment vide a circular of September 2016.

Earlier, the woman's plea was declined by the authorities on the ground that more than 20 years had lapsed from the date of death of her father.

The woman was granted liberty by the court to make fresh representation to the authorities which was also declined in February on the ground that the claim for compassionate appointment had been made belatedly.

The court noted that the deceased man's wife did not apply for her eldest daughter who gained majority in 1999 itself and rather, she chose the youngest daughter for compassionate appointment who turned 18 years in 2011.

"This shows that there was no pecuniary distress suffered by the family of the deceased during the said period. The second reason given by the respondent is that all the children of the deceased are married, implying thereby that they are able to sustain not only themselves, but also their spouses," it said.

The woman said in view of the 2016 circular, there was no limitation within which the application has to be made and she had made the application after completing her education and it should not have been rejected.