Patna High Court Dismisses Compassionate Appointment Plea Filed After 18-Year Delay

Randhir Kumar's application rejected for not adhering to timely submission norms set for posthumous employment claims.

In a significant ruling, the Patna High Court, presided over by Justice Partha Sarthy, dismissed a writ petition filed by Randhir Kumar seeking a compassionate appointment. The decision came after a prolonged delay of over 18 years from the demise of Kumar's father, who served as an Assistant Sub-Inspector in the Bihar Police.

The case revolves around the application for compassionate appointment, a provision that allows dependent family members of deceased government employees to secure a job to alleviate financial distress caused by the untimely death. Randhir Kumar’s father passed away on April 30, 1990. Initially, Kumar’s mother, Sheo Kumari Devi, applied for compassionate appointment in 1990, but her application faced procedural hurdles, including a requirement to produce a succession certificate due to her status as the second wife.

Despite subsequent applications filed by Devi and later by Kumar, the District Compassionate Committee rejected the petitioner's plea on December 4, 2020, citing the significant delay beyond the permissible timeframe. The High Court supported the Committee’s decision, emphasizing that the objective of compassionate appointments is to provide immediate relief to families in crisis, thus necessitating timely applications.

The Court referenced the Supreme Court’s judgment in Umesh Kumar Nagpal v. State of Haryana (1994) 4 SCC 138, which underscored that compassionate appointments are an exception to the rule of merit-based public service recruitment, intended to address financial emergencies resulting from an employee's sudden death. The Supreme Court's stance clarified that the purpose of such appointments is not to offer employment as a right but as a necessity to prevent destitution.

The High Court noted that Kumar was a minor at his father's death, and though eligible to file upon reaching majority, his application failed to meet the reasonable timeframe requirement critical for such appointments. The Court concluded there was no merit in Kumar's application, reinforcing the importance of adhering to procedural timelines to uphold the appointment's intended purpose.

Bottom Line:

Compassionate appointment - Application for compassionate appointment must be filed within a reasonable time after the death of the employee, as the objective is to provide immediate relief to the family in financial distress.

Statutory provision(s): Service Law - Compassionate appointment

Randhir Kumar v. State of Bihar, (Patna) : Law Finder Doc Id # 2815920