JUDGMENT : ANANDA SEN, J. Heard learned counsel representing the petitioner and learned counsel representing the respondents. 2. By filing this writ petition, the petitioner prays for appointment on compassionate ground. 3. It is the case of this petitioner that his father – Late Ramdhari Rajbhar, who was an Ex-Fitter Helper in the Bharat Coking Coal Limited, went missing during his stint on 17.06.1987. Since the father of the petitioner went missing, the petitioner being his son, is entitled to be appointed on compassionate ground, thus, he claims such appointment. 4. Learned counsel representing the petitioner submits that after missing of father of the petitioner, his mother ran from pillar to post and at that time he was minor, however, she managed to apply for compassionate appointment after he became major on 17.02.1999 and on 03.04.2000. After the petitioner’s mother applied for compassionate appointment, the department did not pay any heed to the same. He submits that the a Title Suit No.19/2003 was filed before the Civil Judge, Dhanbad to declare Ramdhari Rajbhar dead as he was missing for last seven years, by impleading the BCCL as the party. The Civil Judge, Dhanbad, vide its order declared Ramdhari Rajbhar as legally dead and directed the respondents to grant all the benefits to the applicant which was supposed to be given to late Ramdhari Rajbhar. Thus, the petitioner’s case should be considered as now he become a major. 5. Learned counsel representing the respondents submits that there is a delay in approaching this Court and even at the time of death of petitioner’s father, the petitioner was minor and in the year 1996, he became major. Since a considerable time has lapsed and the crisis is over, he is not entitled to be given compassionate appointment. 6. After going through the entire writ petition, and the annexures of the petition, I find that the father of this petitioner went missing on 17.06.1987 and he was declared dead by the Civil Judge, Dhanbad, vide order dated 21.03.2015 passed in Title Suit No.19/2003. 7. The instant writ petition relates to grant of compassionate appointment. Appointment on compassionate ground is not a source of recruitment. The same is an exception to the Constitutional provision. The basic purpose of compassionate appointment is to grant immediate financial relief to the family members of the deceased employee. 7. The instant writ petition relates to grant of compassionate appointment. Appointment on compassionate ground is not a source of recruitment. The same is an exception to the Constitutional provision. The basic purpose of compassionate appointment is to grant immediate financial relief to the family members of the deceased employee. The purpose of providing compassionate appointment is to mitigate the hardship due to the sudden death of the bread winner of the family. It is the immediate financial crisis which needs to be addressed by giving compassionate appointment. Due to passage of time, the family overcomes the immediate financial crisis thus, the need of compassionate appointment does not remain after lapse of a considerable period. 8. The Hon’ble Supreme Court in the case of State of West Bengal Vs. Debabrata Tiwari & Ors. reported in 2023 SCC OnLine SC 219, at para-32 and 57, held as hereunder:- 32. On consideration of the aforesaid decisions of this Court, the following principles emerge: i. That a provision for compassionate appointment makes a departure from the general provisions providing for appointment to a post by following a particular procedure of recruitment. 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 and must be resorted to only in order to achieve the stated objectives, i.e., to enable the family of the deceased to get over the sudden financial crisis. ii. 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. iii. Compassionate appointment is not a vested right which can be exercised at any time in future. Compassionate employment cannot be claimed or offered after a lapse of time and after the crisis is over. iv. That compassionate appointment should be provided immediately to redeem the family in distress. It is improper to keep such a case pending for years. iii. Compassionate appointment is not a vested right which can be exercised at any time in future. Compassionate employment cannot be claimed or offered after a lapse of time and after the crisis is over. iv. That compassionate appointment should be provided immediately to redeem the family in distress. It is improper to keep such a case pending for years. v. 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 if any, received by the family, the age, dependency and marital status of its members, together with the income from any other source. 57. The existence of a policy issued by the State Government is a sine qua non for making appointments on compassionate basis, vide Mumtaz Yunus Mulani (Smt.) v. State of Maharashtra (supra); State Bank of India v. Surya Narain Tripathi, (2014) 15 SCC 739 . The appointments must follow the stipulations made in the policy. It is therefore a no-brainer that in the absence of a policy governing compassionate appointment to posts under a local authority, no appointment could be made to such an authority on compassionate grounds.” 9. The Hon’ble Supreme Court in the case of Central Coalfields Ltd. v. Parden Oraon , (2021) 16 SCC 384 , at para-9, held as hereunder:- “ 9. We are in agreement with the High Court that the reasons given by the employer for denying compassionate appointment to the respondent's son are not justified. There is no bar in the National Coal Wage Agreement for appointment of the son of an employee who has suffered civil death. In addition, merely because the respondent is working, her son cannot be denied compassionate appointment as per the relevant clauses of the National Coal Wage Agreement. However, the respondent's husband is missing since 2002. Two sons of the respondent who are the dependants of her husband as per the records, are also shown as dependants of the respondent. It cannot be said that there was any financial crisis created immediately after the respondent's husband went missing in view of the employment of the respondent. Though the reasons given by the employer to deny the relief sought by the respondent are not sustainable, we are convinced that the respondent's son cannot be given compassionate appointment at this point of time. Though the reasons given by the employer to deny the relief sought by the respondent are not sustainable, we are convinced that the respondent's son cannot be given compassionate appointment at this point of time. The application for compassionate appointment of the son was filed by the respondent in the year 2013 which is more than 10 years after the respondent's husband had gone missing. As the object of compassionate appointment is for providing immediate succour to the family of a deceased employee, the respondent's son is not entitled for compassionate appointment after the passage of a long period of time since his father has gone missing.” 10. After thirty-eight years of the missing of an employee, the petitioner who is the son, is approaching this Court for grant of compassionate appointment. The delay of thirty-eight years, (no matter who was responsible for it) has definitely defeated the claim of compassionate appointment. The family of the deceased has definitely tied over the immediate financial crisis. The family has survived for this long thirty-eight years. When the family has survived for thirty-eight years, now no compassion remains. 11. Accordingly, this writ petition stands dismissed.