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Madhya Pradesh High Court · body

2001 DIGILAW 597 (MP)

Pawan Patel v. Union of India

2001-08-14

ARUN MISHRA, BHAWANI SINGH

body2001
JUDGMENT Singh, C.J. (Oral) -- Through this writ petition, order of the Central Administrative Tribunal passed in O.A. No. 453 of 1999 dated September 15, 1999 has been challenged. Father of petitioner, late Mool Chand Patel, was serving in NCC Bn. No.1, Jabalpur, while in service, he died on 15.8.1994. Death certificate in support of this fact has been filed. The deceased left behind his widow and four grown up sons and daughters. They all are educated, therefore, need for immediate employment after the death of deceased was felt. Consequently, claim for appointment on compassionate ground was raised and ultimately the matter came before the Central Administrative Tribunal which has rejected the same by the impugned order. Shortly stated, the Central Administrative Tribunal found that the deceased has four sons and daughters and the widow who was Government employee before the death of her husband and was continuing in service after his death. As such, as per para-meters for considering the case for appointment on compassionate ground were not fulfilled, apart from the fact that the application for seeking relief from the Tribunal was barred by limitation. Learned counsel for petitioner was heard and the matter examined. Compassionate appointment is an exception to the general rule of open. recruitment. It is intended to meet the immediate financial problem being suffered by the members of the family of the deceased employee. This kind of appointment cannot be granted after a long lapse of time since the purpose of this appointment is to save the family from immediate financial crisis created due to the sudden death of the employee. In case facts of the ·case indicate that the family is not in economic distress, case for appointment on compassionate ground is not made out. For claiming appointment on compassionate ground, the petitioner must satisfy that the family of deceased is finding it difficult to survive with completely depleted financial resources after the departure of the sole bread earner of the family, making out a case for compassionate appointment and bring the case within the parameters of the rules which may be existing on the subject. Turning to the facts of the case, it may be true that the deceased died in harness leaving behind grown up educated children intending to get into employment after the death of the deceased but it cannot be disputed that the widow of the deceased was in service before his death and continues in service afterwards. Therefore, the unemployed educated grown up children of the deceased may be in need of employment but they have to get it in ordinary course by competing with others from open market and not on compassionate ground since the family is not such which is suffering from complete financial break down. Consequently, we find no merit in this petition and the same is dismissed.