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Patna High Court

Vicky KumarversusThe Union of India

Decided
Disposal
DISMISSED

Holding

The Court held that the petitioner failed to establish a case for compassionate appointment and dismissed the application.

Summary

The petitioner, Vicky Kumar, sought a compassionate appointment in the National Cooperative Consumer Federation (NCCF) after his father, a peon, died in service in 2011. He filed the application ten years later, in February 2021, and after receiving no response, approached the Patna High Court for a direction to appoint him on compassionate grounds. The Court examined the purpose of compassionate appointments, citing the Supreme Court's decision in Umesh Kumar Nagpal v. State of Haryana, which limits such appointments to alleviating immediate financial distress of dependents. Observing the long delay, the Court inferred that the petitioner likely had alternative income and that the delay was a relevant factor. Consequently, the Court found no merit in the petition and dismissed the application.

Issues considered

  • Whether the petitioner is eligible for a compassionate appointment after a ten-year delay.
  • Whether the court can direct the respondents to appoint the petitioner on compassionate grounds.
  • Whether the petitioner has demonstrated financial destitution warranting compassionate appointment.

Subjects

  • compassionate appointment
  • dependants of deceased employee
  • public service recruitment
  • discretionary jurisdiction
  • delay in filing
  • financial destitution

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Civil Writ Jurisdiction Case No.1251 of 2022
                 ======================================================
                 Vicky Kumar Son of Late Shambhu Singh Resident of Village-Ashani, P.O.
                 Ashani P.S. Udwantnagar District-Bhojpur, Ara.

                                                                        ... ... Petitioner/s
                                                  Versus
           1.    The Union of India through Home Secretary, Human Resources Department,
                 Shastri Bhawan, C-Wing, Dr. Rajendra Prasad Road, New Delhi-110001.
           2.    The Chairman, N.C.C.F. of India, N.C.U.I. Complex, 3-Sri Industrial Area
                 Agust Kranti Marg, Houzkhas, New Delhi-110016.
           3.    The Managing Director, N.C.C.F. of India, N.C.U.I. Complex, 3-Sri
                 Industrial Area Agust Kranti Marg, Houzkhas, New Delhi-110016.
           4.    The General Manager, N.C.C.F. of India, N.C.U.I. Complex, 3-Sri Industrial
                 Area Agust Kranti Marg, Houzkhas, New Delhi-110016.
           5.    The office-in-Charge, N.C.C.F. of India, N.C.U.I. Complex, 3-Sri Industrial
                 Area Agust Kranti Marg, Houzkhas, New Delhi-110016.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr. Uday Prasad Singh, Advocate
                 For the Respondent/s   :     None
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   16-03-2026                    Heard learned counsel for the petitioner. No one

                   appears for the respondents.

                               2. The petitioner has filed the instant application

                   praying for a direction to the respondents to consider and

                   appoint the petitioner on compassionate ground on account of

                   the death of his father who died on harness on 2.1.2011.

                               3. The case of the petitioner in brief is that the father

                   of the petitioner Late Shambhu Singh who was working as a

                   Peon in the National Cooperative Consumer Federation (NCCF)

                   died in harness on 2.1.2011 leaving behind his wife and children
Patna High Court CWJC No.1251 of 2022(3) dt.16-03-2026
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          including the petitioner herein.

                      4. It is submitted by learned counsel for the petitioner

          that the father of the petitioner being the sole earning member in

          the family and the family not having any other source of

          income, the petitioner filed an application on 15.2.2021 for

          appointment on compassionate ground. Not having received any

          response thereto, the petitioner got a legal notice sent on

          15.11.2021. Still not having got any appointment nor any

          response to his application or notice, the instant application has

          been filed praying for a direction to appoint the petitioner on

          compassionate ground.

                      5. No one appears on behalf of the respondents to

          oppose the instant application.

                      6. Having heard learned counsel for the petitioner and

          having perused the contents of the petition, it transpires that the

          father of the petitioner was working on the post of Peon in the

          NCCF when he died in harness on 2.1.2011 leaving behind the

          petitioner ie his son as also other members of the family. The

          petitioner came to file an application for his appointment on

          compassionate ground 10 years after the death of his father on

          15.2.2021 and thereafter not having been appointed, the writ

          application has been filed.
Patna High Court CWJC No.1251 of 2022(3) dt.16-03-2026
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                      7. It may be observed here that the Hon’ble Supreme

          Court in the case of Umesh Kumar Nagpal vs. State of

          Haryana and others; (1994) 4 SCC 138 has held that the object

          of compassionate appointment is to enable the penurious family

          of the deceased employee to tide over the sudden financial crisis

          and it is not the alternative mode of providing employment.

          Relevant part of the judgment is reproduced herein below for

          ready reference:

                       “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
Patna High Court CWJC No.1251 of 2022(3) dt.16-03-2026
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                       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.”
                      8. Coming to the facts of the instant case, the father of
            Patna High Court CWJC No.1251 of 2022(3) dt.16-03-2026
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                      the petitioner having died in the year 2011 and the very

                      application for appointment on compassionate ground having

                      been filed 10 years later, it can be reasonably deduced that the

                      petitioner had some alternative source of income and as such the

                      delay in filing his application for compassionate appointment.

                                  9. The Hon’ble Supreme Court already having held

                      that this mode of appointment is not an alternative source to

                      provide employment and only to assist the family of the

                      deceased employee to tide over the sudden financial crisis, in

                      the opinion of the Court, the delay in filing the very first

                      application would be relevant consideration in exercise of the

                      discretionary jurisdiction by this Court.

                                  10. In the opinion of the Court, the petitioner has not

                      made out any case for intervention by this Court for a direction

                      to the respondents to appoint him on compassionate ground.

                                   11. The Court finds no merit in the instant application

                      and the same is dismissed.



                                                 (Partha Sarthy, J)
Saurabh/-

U


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