In a significant judgment, the Uttarakhand High Court dismissed a petition seeking a compassionate appointment, citing an unreasonable delay in the application process. This ruling underscores the principles and guidelines governing compassionate appointments, particularly the importance of timely requests to address the immediate financial distress following the death of a family member.
Background of the Case
The petitioner, Ishwar Singh, sought a compassionate appointment following the death of his father, who was a work charge employee in the Public Works Department, Uttarakhand. Singh's father passed away on December 13, 2000. However, Singh only applied for the appointment over two decades later. This significant delay in filing the application was the central issue that the court had to consider.
Intent and Purpose of Compassionate Appointments
Justice Manoj Kumar Tiwari, presiding over the case, emphasized the welfare state’s intention behind extending compassionate appointments. The primary purpose is to help the dependent family members of a deceased employee to overcome the sudden financial crisis caused by the untimely death of the sole breadwinner. The essence of compassionate appointments lies in their immediate nature, intended to provide swift financial relief to the grieving family.
Court’s Reasoning and Judgment
The court noted that the petitioner had managed to survive for 23 years without the compassionate appointment. This fact was crucial in determining that there was no immediate financial distress that necessitated the appointment. Justice Tiwari observed, "Petitioner and his family members have managed to survive for 23 long years. Thus, there is no scope for interference with the impugned order.”
The court agreed with the State Counsel’s argument that the claim was excessively delayed, thus defeating the very purpose of compassionate appointments. The judgment highlighted that such appointments are not intended to be an alternative form of employment but are specifically designed to address immediate and unforeseen financial hardships.
Previous Proceedings and Application Rejection
Before approaching the High Court, the petitioner had filed a writ petition in 2022 due to the non-consideration of his application. This petition resulted in a directive to the Superintending Engineer to decide on Singh’s representation. On November 9, 2022, the Superintending Engineer rejected the petitioner's claim, citing the excessive delay. The High Court upheld this rejection, further emphasizing the necessity of timely applications for compassionate appointments.
Request for Daily Wage Engagement
In addition to seeking a compassionate appointment, the petitioner also requested the court to direct the Competent Authority to consider his engagement as a daily wager. Addressing this request, the court disposed of the writ petition with a directive to the Superintendent Engineer to consider the petitioner's request for engagement as a daily wager. The court instructed the Engineer to make an appropriate decision in accordance with the law.
Implications of the Ruling
This ruling reinforces the principle that compassionate appointments must be sought promptly to fulfill their intended purpose. It serves as a precedent for similar cases, underscoring that significant delays undermine the rationale behind such appointments. The decision clarifies that surviving for an extended period without financial distress diminishes the grounds for a compassionate appointment, as the immediate crisis has evidently been managed.
Conclusion
The Uttarakhand High Court’s dismissal of Ishwar Singh’s plea for a compassionate appointment due to significant delay underscores the necessity of timely action in such cases. By reiterating the welfare state’s intention behind compassionate appointments, the court has reinforced the importance of addressing immediate financial crises swiftly and appropriately. This judgment serves as a critical reminder of the guidelines governing compassionate appointments and the implications of delays in the application process.
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