Delay in consideration compassionate appointment cannot prejudice the applicant
Delhi High Court Orders Compassionate Appointment for Shivanand, Citing Unjustified Delays by Authorities. Court quashes previous rejection, directs appointment within four weeks, emphasizing prompt action in compassionate cases.
In a landmark decision underscoring the necessity for timely action in cases of compassionate appointment, the Delhi High Court has ruled in favor of Shivanand, mandating his appointment within four weeks. The court's decision highlights the detrimental impact of bureaucratic delays on applicants seeking compassionate appointments, especially when eligibility is determined at the time of final consideration.
The case, presided over by Justices C. Hari Shankar and Om Prakash Shukla, involved Shivanand, whose father, a constable in the Secretariat Security Force (SSF), passed away in 2006. Subsequently, Shivanand's mother promptly applied for a compassionate appointment for her son, who was then 17½ years old, requesting that the appointment be considered once he turned 18.
Despite the timely application, the process languished for over six years without any decision, during which the vacancies earmarked for compassionate appointments were transferred to the Central Industrial Security Force (CISF). Even after Shivanand was shortlisted for appointment in 2012 and subsequently recommended by a screening committee in 2013, no appointment was made. Instead, the vacancies were reverted back to the SSF.
In 2019, despite previous assurances, Shivanand's application was rejected based on the age at the time of initial application, ignoring the subsequent eligibility and recommendations. The court criticized this approach, emphasizing the Supreme Court's observations in similar cases that delays caused by authorities should not prejudice applicants.
The Delhi High Court's ruling condemned the "abject indifference" displayed by the authorities and quashed the decision to reject Shivanand's application. The court ordered that Shivanand be appointed with continuity of service and all consequential benefits except back wages, aligning with candidates who were appointed in similar vacancies.
The court's decision serves as a stark reminder of the importance of adhering to the principles of fairness, timeliness, and reasonableness in processing applications for compassionate appointments, thereby ensuring justice and support for the families of deceased government employees.
Bottom Line:
Delay in consideration of application for compassionate appointment cannot prejudice the applicant, especially when eligibility is determined at the time of final consideration.
Statutory provision(s): Service Law - Compassionate Appointment, Supreme Court's observations in Malaya Nanda Sethy, DoP&T Guidelines.
Shivanand v. Union Of India, (Delhi)(DB) : Law Finder Doc Id # 2765708
