Vijai Kumar vs State Of U.P. And Another
2021 Latest Caselaw 84 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

Court No. - 6
 

 
Case :- WRIT - A No. - 13505 of 2020
 

 
Petitioner :- Vijai Kumar
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Ram Janam Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ajay Bhanot,J.

1. The petitioner has sought for the following relief in the instant writ petition:

"To issue a writ, order or direction in the nature of mandamus commanding the respondent No.2 to appoint the petitioner on compassionate ground under Dying-in-Harness Rules, 1974.

To issue a writ, order of direction in the nature of mandamus directing the respondent No.2 to consider and decide the latest representation dated 21.12.2019 in accordance with law in respect of Dying-in-Harness Rules in the interest of justice."

2. Heard Sri Ram Janam Singh, learned counsel for the petitioner and learned Standing Counsel for the State - respondents.

3. The father of the petitioner was tube-well operator. He died in harness on 15.06.1990. The petitioner claims, that he is entitled for appointment, under the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974. The petitioner submitted an application for appointment on compassionate grounds for the first time on 21.12.2019. However, the same has not been decided till date.

4. Sri Ram Janam Singh, learned counsel for the petitioner submits that the delay in filing the application for grant of appointment on compassionate grounds 29 years after the death of the father was due to the fact that the petitioner was a minor at the time of death of his father. The petitioner is aged about 29 years. His prayer is that, the claim of the petitioner, for appointment under the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974, may be decided within a stipulated period of time.

5. Learned Standing Counsel raises a preliminary objection to the maintainability of the writ petition. He submits that the petition is barred by delay and laches. No satisfactory explanation to the delay and laches on part of the petitioner, in approaching this court has been made in the writ petition. He submits, that the delay in making the claim for appointment is not liable to be condoned. The family of the petitioner, did not face any immediate financial crisis, upon the death of his father. Otherwise the petitioner or his family members would not have been waited more than two decades.

6. Certain facts which are beyond the pale of any dispute and relevant for a decision on the preliminary objection raised by the learned Standing Counsel are thus.

7. The father of the petitioner expired on 15.06.1990. The petitioner made an application for appointment under Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 on 21.12.2019. At the time of making the application the petitioner was 29 years of age. The petitioner attained majority 11 years prior to making of the aforesaid application.

8. The petitioner approached this Court by instituting the instant writ petition, on 10.12.2020 with a prayer to appoint the petitioner under the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974. The representation of the petitioner, for appointment on compassionate grounds was moved almost 29 years after the death of the father of the petitioner. The writ petition has been instituted by the petitioner, almost 30 years after the death of his father.

9. Grant of appointment on compassionate grounds in the respondent corporation is regulated and governed by the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as the " Dying in Harness Rules").

10. The concept of dying in harness is unique to Service Law Jurisprudence.

11. The validity of the concept of appointments on the basis of an employee dying in harness was called in question before the courts. The constitutional validity of the aforesaid appointments soon came to be tested. The compassionate ground appointments passed the test of constitutional validity by a slender margin. The justification to make compassionate ground appointments was provided on the footing that the kin of the deceased stood on the brink of financial penury or faced an immediate financial crisis on account of the death of working member of the family. This feature alone constituted the kin of a deceased employee into one class and on the footing alone the rationale of compassionate ground appointments was justified.

12. It would be apposite to reinforce the narrative with good authority.

13. The purpose of compassionate appointments provides their justification. The death of a bread winner forces the family of the deceased into penury. The immediacy of the financial crisis creates the requirement for urgent redressal. The concept of compassionate appointments is created only to enable the bereaved family to tide over the immediate financial crisis.

14. The Hon'ble the Supreme Court in Umesh Kumar Nagpal Vs. State of Haryana, reported at (1994) 4 SCC 138, explained the purpose of compassionate in following terms:

"2.The question relates to the considerations which should guide while giving appointment in public services on compassionate ground. It appears that there has been a good deal of obfuscation on the issue. As a rule, appointments in the public services should be made strictly on the basis of open invitation of applications and merit. No other mode of appointment nor any other consideration is permissible. Neither the Governments nor the public authorities are at liberty to follow any other procedure or relax the qualifications laid down by the rules for the post. However, to this general rule which is to be followed strictly in every case, there are some exceptions carved out in the interests of justice and to meet certain contingencies. One such exception is in favour of the dependants of an employee dying in harness and leaving his family in penury and without any means of livelihood. In such cases, out of pure humanitarian consideration taking into consideration the fact that unless some source of livelihood is provided, the family would not be able to make both ends meet, a provision is made in the rules to provide gainful employment to one of the dependants of the deceased who may be eligible for such employment. The whole object of granting compassionate employment is thus to enable the family to tide over the sudden crisis. The object is not to give a member of such family a post much less a post for post held by the deceased. What is further, mere death of an employee in harness does not entitle his family to such source of livelihood. The Government or the public authority concerned has to examine the financial condition of the family of the deceased, and it is only if it is satisfied, that but for the provision of employment, the family will not be able to meet the crisis that a job is to be offered to the eligible member of the family. The posts in Classes III and IV are the lowest posts in non-manual and manual categories and hence they alone can be offered on compassionate grounds, the object being to relieve the family, of the financial destitution and to help it get over the emergency. The provision of employment in such lowest posts by making an exception to the rule is justifiable and valid since it is not discriminatory. The favourable treatment given to such dependant of the deceased employee in such posts has a rational nexus with the object sought to be achieved, viz., relief against destitution. No other posts are expected or required to be given by the public authorities for the purpose. It must be remembered in this connection that as against the destitute family of the deceased there are millions of other families which are equally, if not more destitute. The exception to the rule made in favour of the family of the deceased employee is in consideration of the services rendered by him and the legitimate expectations, and the change in the status and affairs, of the family engendered by the erstwhile employment which are suddenly upturned."

15. A similar sentiment was echoed by the Hon'ble Supreme Court in the case of Director of Education (Secondary) v. Pushpendra Kumar, reported at (1998) 5 SCC 192 in the following terms:

"8.The object underlying a provision for grant of compassionate employment is to enable the family of the deceased employee to tide over the sudden crisis resulting due to death of the bread-earner which has left the family in penury and without any means of livelihood. Out of pure humanitarian consideration and having regard to the fact that unless some source of livelihood is provided, the family would not be able to make both ends meet, a provision is made for giving gainful appointment to one of the dependants of the deceased who may be eligible for such appointment. Such a provision makes a departure from the general provisions providing for appointment on the post by following a particular procedure. Since such a provision enables appointment being made without following the said procedure, it is in the nature of an exception to the general provisions. An exception cannot subsume the main provision to which it is an exception and thereby nullify the main provision by taking away completely the right conferred by the main provision. Care has, therefore, to be taken that a provision for grant of compassionate employment, which is in the nature of an exception to the general provisions, does not unduly interfere with the right of other persons who are eligible for appointment to seek employment against the post which would have been available to them, but for the provision enabling appointment being made on compassionate grounds of the dependant of a deceased employee. In Umesh Kumar Nagpal v. State of Haryana [(1994) 4 SCC 138 : 1994 SCC (L&S) 930 : (1994) 27 ATC 537] this Court has taken note of the object underlying the rules providing for appointment on compassionate grounds and has held that the Government or the public authority concerned has to examine the financial condition of the family of the deceased and it is only if it is satisfied, that but for the provision of employment, the family will not be able to meet the crisis that a job is to be offered to the eligible member of the family. In that case the Court was considering the question whether appointment on compassionate grounds could be made against posts higher than posts in Classes III and IV. It was held that such appointment could only be made against the lowest posts in non-manual categories. It was observed: (SCC p. 140, para 2) "The provision of employment in such lowest posts by making an exception to the rule is justifiable and valid since it is not discriminatory. The favourable treatment given to such dependant of the deceased employee in such posts has a rational nexus with the object sought to be achieved, viz., relief against destitution. No other posts are expected or required to be given by the public authorities for the purpose. It must be remembered in this connection that as against the destitute family of the deceased there are millions of other families which are equally, if not more destitute. The exception to the rule made in favour of the family of the deceased employee is in consideration of the services rendered by him and the legitimate expectations, and the change in the status and affairs, of the family engendered by the erstwhile employment which are suddenly upturned."

16. However, there is a caution. Compassionate ground appointments are an exception and cannot be made the rule. The exception can be maintained only by strictly adhering to the pre-conditions of the appointment in a strict fashion. A relaxation in the aforesaid pre-conditions would open a floodgate of appointments on compassionate grounds. It will turn the compassionate ground appointments into a regular source of recruitment. The constitutionally accepted mode of appointment to public office or any other post under the State Government or its instrumentalities is by open and transparent recruitment process. Such recruitment process would invite eligible persons from the open market to compete for appointment. This process is consistent with the mandate of Article 14 and Article 16 of the Constitution of India.

17. It was with this constitutional mandate in mind that the Hon'ble Supreme Court in the case of Mumtaz Yunus Mulani v. State of Maharashtra, reported at (2008) 11 SCC 384 cautioned that compassionate appointment were not an alternative mode of recruitment to public employment, by laying down the law thus:

"However, it is now a well-settled principle of law that appointment on compassionate grounds is not a source of recruitment. The reason for making such a benevolent scheme by the State or the public sector undertaking is to see that the dependants of the deceased are not deprived of the means of livelihood. It only enables the family of the deceased to get over the sudden financial crisis."

18. The Hon'ble Supreme Court reiterated the purpose and limitations of compassionate ground appointment in the case of State of Haryana v. Ankur Gupta, reported at (2003) 7 SCC 704 held thus:

"6. As was observed in State of Haryana v. Rani Devi [(1996) 5 SCC 308 : 1996 SCC (L&S) 1162 : JT (1996) 6 SC 646] it need not be pointed out that the claim of the person concerned for appointment on compassionate ground is based on the premise that he was dependent on the deceased employee. Strictly, this claim cannot be upheld on the touchstone of Article 14 or 16 of the Constitution of India. However, such claim is considered as reasonable and permissible on the basis of sudden crisis occurring in the family of such employee who has served the State and dies while in service. That is why it is necessary for the authorities to frame rules, regulations or to issue such administrative orders which can stand the test of Articles 14 and 16. Appointment on compassionate ground cannot be claimed as a matter of right. Die-in-Harness Scheme cannot be made applicable to all types of posts irrespective of the nature of service rendered by the deceased employee. InRani Devi case [(1996) 5 SCC 308 : 1996 SCC (L&S) 1162 : JT (1996) 6 SC 646] it was held that the scheme regarding appointment on compassionate ground if extended to all types of casual or ad hoc employees including those who worked as apprentices cannot be justified on constitutional grounds. In LIC of India v. Asha Ramchhandra Ambekar [(1994) 2 SCC 718 : 1994 SCC (L&S) 737 : (1994) 27 ATC 174] it was pointed out that the High Courts and Administrative Tribunals cannot confer benediction impelled by sympathetic considerations to make appointments on compassionate grounds when the regulations framed in respect thereof do not cover and contemplate such appointments. It was noted in Umesh Kumar Nagpal v.State of Haryana [(1994) 4 SCC 138 : 1994 SCC (L&S) 930 : (1994) 27 ATC 537] that as a rule, in public service appointments should be made strictly on the basis of open invitation of applications and merit. The appointment on compassionate ground is not another source of recruitment but merely an exception to the aforesaid requirement taking into consideration the fact of the death of the employee while in service leaving his family without any means of livelihood. In such cases the object is to enable the family to get over sudden financial crisis. But such appointments on compassionate ground have to be made in accordance with the rules, regulations or administrative instructions taking into consideration the financial condition of the family of the deceased.

7. In Director of Education (Secondary) v. Pushpendra Kumar [(1998) 5 SCC 192 : 1998 SCC (L&S) 1302] it was observed that in the matter of compassionate appointment there cannot be insistence for a particular post. Out of purely humanitarian consideration and having regard to the fact that unless some source of livelihood is provided the family would not be able to make both ends meet, provisions are made for giving appointment to one of the dependants of the deceased who may be eligible for appointment. Care has, however, to be taken that provision for grant of compassionate employment which is in the nature of an exception to the general provisions does not unduly interfere with the right of those other persons who are eligible for appointment to seek appointment against the post which would have been available, but for the provision enabling appointment being made on compassionate grounds of the dependant of the deceased employee. As it is in the nature of exception to the general provisions, it cannot substitute the provision to which it is an exception and thereby nullify the main provision by taking away completely the right conferred by the main provision."

19. It was in the experience of the State Government that a large number of applications for compassionate ground appointments were made much after the death of the government servants. Rule 5 of the said Rules provides for the said contingency. Rule 5 authorizes the State Government to condone the delay in making of an application for an appointment on compassionate grounds. The State Government undoubtedly has the power to condone the delay in filing of an application for appointment on compassionate grounds. However, while considering the scope of such power, purpose of compassionate ground appointments can not be lost sight of. The stated purpose which is the only justifiable ground for such appointments, is that the family which is facing immediate financial crisis, should be supported by providing an employment to a member of such family to tide over the crisis.

20. Only present and imminent financial crisis provides the sole justification for making appointments on compassionate grounds. Delay in making such applications for appointment on compassionate grounds raises a presumption that the immediate financial crisis has been tided over. Lifting of the immediate financial penury, denies the justification for making an appointment on compassionate grounds.

21. The criteria of financial hardship faced by the family of the deceased caused by his death, provides a thin membrane of legitimacy to compassionate appointments. Bereft of this thin cover of legitimacy or if any other criteria is employed to make compassionate appointments, the appointments would become vulnerable to a constitutional challenge. Appointments based on descent or claims of appointment which rest on heredity, invite the wrath of Article 16 of the Constitution of India.

22. It would be apposite to fortify the narrative with good authority.

23. The Hon'ble the Supreme Court set its face against appointments based on descent in the case of Bhawani Prasad Sonkar Vs Union of India and Others, reported at (2011) 4 SCC 209. The Hon'ble the Supreme Court in Bhawani Prasad Sonkar (supra), spoke as follows:

"Now, it is well settled that compassionate employment is given solely on humanitarian grounds with the sole object to provide immediate relief to the employee's family to tide over the sudden financial crisis and cannot be claimed as a matter of right. Appointment based solely on descent is inimical to our constitutional scheme, and ordinarily public employment must be strictly on the basis of open invitation of applications and comparative merit, in consonance with Articles 14 and 16 of the Constitution of India. No other mode of appointment is permissible. Nevertheless, the concept of compassionate appointment has been recognised as an exception to the general rule, carved out in the interest of justice, in certain exigencies, by way of a policy of an employer, which partakes the character of the service rules. That being so, it needs little emphasis that the scheme or the policy, as the case may be, is binding both on the employer and the employee. Being an exception, the scheme has to be strictly construed and confined only to the purpose it seeks to achieve."

"In Umesh Kumar Nagpal v. State of Haryana [(1994) 4 SCC 138 : 1994 SCC (L&S) 930 : (1994) 27 ATC 537] , while emphasising that a compassionate appointment cannot be claimed as a matter of course or in posts above Classes III and IV, this Court had observed that: (SCC p. 140, para 2)

1. "2. ... The whole object of granting compassionate employment is thus to enable the family to tide over the sudden crisis. The object is not to give a member of such family a post much less a post for post held by the deceased. What is further, mere death of an employee in harness does not entitle his family to such source of livelihood. The Government or the public authority concerned has to examine the financial condition of the family of the deceased, and it is only if it is satisfied, that but for the provision of employment, the family will not be able to meet the crisis that a job is to be offered to the eligible member of the family. The posts in Classes III and IV are the lowest posts in non-manual and manual categories and hence they alone can be offered on compassionate grounds, the object being to relieve the family, of the financial destitution and to help it get over the emergency. The provision of employment in such lowest posts by making an exception to the rule is justifiable and valid since it is not discriminatory. The favourable treatment given to such dependant of the deceased employee in such posts has a rational nexus with the object sought to be achieved viz. relief against destitution. No other posts are expected or required to be given by the public authorities for the purpose. It must be remembered in this connection that as against the destitute family of the deceased there are millions of other families which are equally, if not more destitute. The exception to the rule made in favour of the family of the deceased employee is in consideration of the services rendered by him and the legitimate expectations, and the change in the status and affairs, of the family engendered by the erstwhile employment which are suddenly upturned."

"Thus, while considering a claim for employment on compassionate ground, the following factors have to be borne in mind:

(i) Compassionate employment cannot be made in the absence of rules or regulations issued by the Government or a public authority. The request is to be considered strictly in accordance with the governing scheme, and no discretion as such is left with any authority to make compassionate appointment dehors the scheme.

(ii) An application for compassionate employment must be preferred without undue delay and has to be considered within a reasonable period of time.

(iii) An appointment on compassionate ground is to meet the sudden crisis occurring in the family on account of the death or medical invalidation of the breadwinner while in service. Therefore, compassionate employment cannot be granted as a matter of course by way of largesse irrespective of the financial condition of the deceased/incapacitated employee's family at the time of his death or incapacity, as the case may be.

(iv) Compassionate employment is permissible only to one of the dependants of the deceased/incapacitated employee viz. parents, spouse, son or daughter and not to all relatives, and such appointments should be only to the lowest category that is Class III and IV posts."

24. A similar stand against impermissibility of appointments based on descent was taken at an earlier point in time in the case of V. Sivamurthy Vs. State of Andhra Pradesh, reported at (2008) 13 SCC 730, hereunder:

"18. (a) Compassionate appointment based only on descent is impermissible. Appointments in public service should be made strictly on the basis of open invitation of applications and comparative merit, having regard to Articles 14 and 16 of the Constitution of India. Though no other mode of appointment is permissible, appointments on compassionate grounds are a well-recognised exception to the said general rule, carved out in the interest of justice to meet certain contingencies."

25. Delay in making a claim for compassionate grounds appointment dilutes the case of immediate financial penury and consequently negates the entitlement for appointment on compassionate grounds.

26. Appointments on compassionate grounds cannot wait for the claimants to attain majority or to enable them to acquire additional qualifications and get a better deal in appointments. Infact, such grounds militate against claim for compassionate grounds appointment.

27. The Hon'ble Supreme Court in the case of Sanjay Kumar Vs. State of Bihar and Others reported at 2000 (7) SCC 192 reiterated the purpose of a compassionate grounds appointments to tide over the sudden crisis resulting from the death of the earner in a family. However, the reservation of a vacancy to enable such person to attain majority was negatived by the Hon'ble Supreme Court by holding thus:

"3. We are unable to agree with the submissions of the learned Senior Counsel for the petitioner. This Court has held in a number of cases that compassionate appointment is intended to enable the family of the deceased employee to tide over sudden crisis resulting due to death of the breadearner who had left the family in penury and without any means of livelihood. In fact such a view has been expressed in the very decision cited by the petitioner in Director of Education v. Pushpendra Kumar [(1998) 5 SCC 192 : 1998 SCC (L&S) 1302 : (1998) 2 Pat LJR 181] . It is also significant to notice that on the date when the first application was made by the petitioner on 2-6-1988, the petitioner was a minor and was not eligible for appointment. This is conceded by the petitioner. There cannot be reservation of a vacancy till such time as the petitioner becomes a major after a number of years, unless there are some specific provisions. The very basis of compassionate appointment is to see that the family gets immediate relief."

28. A Division Bench of this Court after citing good authority, also concluded that financial penury ceased to exist in case an application was made long years after the death of the employee in the case of Smt. Sonal Laviniya and another vs. Union of India and another reported at 2003 (5) AWC 4070:

"38. The purpose of providing such an employment has been to render the financial assistance to the family, which has lost the bread earner immediately after the death of the employee. If the application has been filed after expiry of 9½ years the element of immediate need stood evaporated and there was no occasion for the respondents to consider the case of the petitioner for such a relief. The observation made by the learned Tribunal are in consonance with the law laid down by the Hon'ble Apex Court and no exception can be taken out."

29. A similar view was taken by learned Single Judge of this Court in the case of Sanjeev Kumar Vs. Food Corporation of India and Others, registered as Writ A No. 11083 of 2018, entered on 03.05.2018:

"In a case of compassionate appointment, it is the immediacy of appointment that is of prime consideration to ameliorate the financial hardship be falling the bread winner of the family. If the family of the bread winner or the claimant has managed to survive for 27 years after the death of the government servant, it cannot be said that there is any immediacy of the appointment. Compassionate appointment is an exception to the well established Rule of equality in the matter of recruitment to government service and therefore exceptional grounds must exist to justify such appointment."

30. The question of delay in filing applications for appointment under Dying-in-harness Rules and the consequences of such delay on the right to be appointed on compassionate grounds was posed to a Full Bench of this Court in the case of Shiv Kumar Dubey Vs. State of U.P.  reported at 2014 (2) ADJ 312. For ease of reference, the relevant part of the judgment in Shiv Kumar Dubey (supra) is reproduced hereunder:

"29. We now proceed to formulate the principles which must govern compassionate appointment in pursuance of Dying in Harness Rules:

A provision for compassionate appointment is an exception to the principle that there must be an equality of opportunity in matters of public employment. The exception to be constitutionally valid has to be carefully structured and implemented in order to confine compassionate appointment to only those situations which subserve the basic object and purpose which is sought to be achieved;

[emphasis supplied]

(ii) There is no general or vested right to compassionate appointment. Compassionate appointment can be claimed only where a scheme or rules provide for such appointment. Where such a provision is made in an administrative scheme or statutory rules, compassionate appointment must fall strictly within the scheme or, as the case may be, the rules;

The object and purpose of providing compassionate appointment is to enable the dependent members of the family of a deceased employee to tide over the immediate financial crisis caused by the death of the bread-earner;

[emphasis supplied]

(iv) In determining as to whether the family is in financial crisis, all relevant aspects must be borne in mind including the income of the family; its liabilities, the terminal benefits received by the family; the age, dependency and marital status of its members, together with the income from any other sources of employment;

Where a long lapse of time has occurred since the date of death of the deceased employee, the sense of immediacy for seeking compassionate appointment would cease to exist and this would be a relevant circumstance which must weigh with the authorities in determining as to whether a case for the grant of compassionate appointment has been made out;

[emphasis supplied]

(vi) Rule 5 mandates that ordinarily, an application for compassionate appointment must be made within five years of the date of death of the deceased employee. The power conferred by the first proviso is a discretion to relax the period in a case of undue hardship and for dealing with the case in a just and equitable manner;

The burden lies on the applicant, where there is a delay in making an application within the period of five years to establish a case on the basis of reasons and a justification supported by documentary and other evidence. It is for the State Government after considering all the facts to take an appropriate decision. The power to relax is in the nature of an exception and is conditioned by the existence of objective considerations to the satisfaction of the government;

[emphasis supplied]

Provisions for the grant of compassionate appointment do not constitute a reservation of a post in favour of a member of the family of the deceased employee. Hence, there is no general right which can be asserted to the effect that a member of the family who was a minor at the time of death would be entitled to claim compassionate appointment upon attaining majority. Where the rules provide for a period of time within which an application has to be made, the operation of the rule is not suspended during the minority of a member of the family."

(emphasis supplied).

31. The facts of the case found earlier shall now be considered in the light of the judicial authority stated in the preceding part of the judgement.

32. The father of the petitioner died in harness on 15.06.1990. The petitioner made an application for appointment under Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 on 21.12.2019. The representation of the petitioner, for appointment on compassionate grounds was moved almost 29 years after the death of the father of the petitioner. Delay in making the application for appointment on compassionate grounds, is defended on the sole ground, that on the date of death of the father of the petitioner, the petitioner was a minor. In view of the law laid down by the Hon'ble Supreme Court in Sanjay Kumar (supra), this is not a tenable ground for delay in making the application.

33. Emotional distress and financial penury are two distinct facts. Emotional distress occasioned by the death of the employee is not relevant for appointment on compassionate grounds. Immediate financial penury, caused to the family by the death of the employee, is the only relevant consideration for appointment under dying-in-harness rules. In this case, delay in making application also gives rise to the presumption that the family was not facing imminent financial crises after the death of the employee.

34. On these established facts and settled position of law, the claim of the petitioner is untenable in law. The authorities in point discussed in the earlier part of the judgement unequivocally lay down that a post cannot be kept reserved, for the kin of a deceased employee, till he attains majority.

35. The claim of the petitioner for grant of appointment on compassionate ground is self serving story created to tide over the delay and laches in making the claim for appointment and also approaching this Court. Further the pleadings and proof of service of such representation are clearly insufficient. The filing of applications between 2012 and 2019 is disbelieved. Further, it is settled law that repeated representations over long years are not sufficient in themselves to condone the delay and laches on part of the petitioner. The courts have also noticed that litigants are prone to adopt ingenuous devices like filing representations and obtaining innocuous orders from the court to obtain condonation of delay. The courts have seen through such devices and have set their face against grant of relief in cases which are barred by delay and laches.

Ref: (i) R & M Trust Vs. Koramangala Residents Vigilance Group and others reported at 2005 (3) SCC 91, (ii) Maharashtra State Road Transport Corporation Vs. Balwant Regular Motor Service reported at AIR 1969 SC 329, (iii) Shiv Dass Vs. Union of India reported at 2007 (9) SCC 274, (iv) Shankara Co-op Housing Society Ltd. Vs. M. Prabhakar and ors. reported at 2011 (5) SCC 607, (v) C. Jacob Vs. Director of Geology & Min. Indus. Est. and another reported at 2008 (10) SCC 115, and (vi) S.S. Rathore Vs. State of Madhya Pradesh reported at 1989 (4) SCC 582.)

36. In light of the admitted facts of the case and in wake of preceding discussion, this Court finds that the delay in making application for grant of appointment on compassionate ground is inordinate and is not liable to be condoned and in view of the delay in filing the application for grant of appointment on compassionate ground there was no financial crisis occasioned by the death of the father of the petitioner. The petitioner and his family were not facing threat of imminent destitution when the application for grant of appointment on compassionate ground was made by the petitioner.

37. There is no lawful basis for grant of appointment on compassionate grounds to the petitioner.

38. At this stage it was contended that the application was submitted in the year 1992. The pleadings in the writ petition are insufficient to establish the service of the aforesaid application upon the respondents. There is no evidence in the record to ensure that such application was in fact served upon the respondents. In any case the application made by the mother of the petitioner in the year 1992 does not come to the aid of the petitioner in view of the preceding narrative.

39. The claim of the petitioner for appointment on compassionate grounds, is untenable in law.

40. The writ petition is dismissed.

Order Date :- 5.1.2021

Ashish Tripathi