Delay In Compassionate Appointment Defeats Its Purpose; Can't Be Claimed After A Number Of Years: Chhattisgarh High Court

The Chhattisgarh High Court has held that delay in granting compassionate appointments defeats its purpose and entitlement to it can't be claimed after a prolonged delay of 15 years.

The Court was considering an Appeal filed against dismissal of the Writ Petition filed by the Appellant seeking compassionate appointment.

The division bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru held, "The  Supreme Court in the matter of State of Maharashtra and another Vs. Ms. Madhuri Maruti Vidhate, reported in AIR Online 2022 SC 471 held........."to appoint the respondent now on compassionate ground shall be contrary to the object and purpose of appointment on compassionate ground. The respondent cannot be said to be dependent on the deceased employee, i.e., her mother. Even otherwise, she shall not be entitled to appointment on compassionate ground after a number of years from the death of the deceased employee"".

The Appellant was represented by Advocate Purnima Singh while the Respondent was represented by Additional Advocate General Y.S. Thakur.

Facts of the Case

The mother of the Appellant was posted on the post of Assistant Teacher under Respondent No. 2. She died in harness in 2000 and the deceased left behind her two daughters and one brother

The Appellant had passed the Class X examination in the year 2011 and the Class XII examination in the year 2013, thereafter, she moved an Application for the Compassionate Appointment in 2015 which was rejected by the Department in 2017.

Counsel for the Appellant contended that the Respondents wrongly applied the policy of 2003, whereas, the mother of the Petitioner had died in the year 2000 and at that time, the policy of 1994 was in existence, which provides that the dependent of the deceased Government servant may approach the authorities for the compassionate appointment after attaining the age of the majority. It was contended that the Petitioner attained the majority in the year 2015, and thereafter, moved an Application for the compassionate appointment in 2015, and thus, the Application was within limitation.

The Counsel further submitted that the Appellant was deserted by father soon after the death of Mother and the father has also remarried in short span, and therefore the appellant and brother and sister were forced to live with maternal Old aged Grandmother. 

Reasoning By Court 

The Court ruled that the provision of compassionate appointment is a way to provide immediate financial assistance to the families who have experienced a sudden hardship and the Petitioner shall not be entitled to appointment on compassionate ground after a numbers of years from the date of death of her deceased mother.

Reference was made to Supreme Court's decision in State of Maharastra and another Vs. Ms. Madhuri Maruti Vidhate, 2022.

The Appeal was accordingly dismissed.

Cause Title: Ku. Smriti Verma v. The State of Chhattisgarh (2025:CGHC:51830-DB)

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