Compassionate Appointment Intended To Provide “Urgent Relief” To Bereaved Family: Gujarat High Court Refuses To Grant Benefit After 5 Yrs Of Death
Case: Rajeshkumar Vishnuprasad Joshi VS State Of Gujarat
Coram: Justice NV Anjaria and Justice Mauna Bhatt
Case No.: C/LPA/568/2022
Court Observation: “Compassionate appointment is always an immediate consideration and has to be a matter of urgent relief when the family of the deceased employee would have needed it. Element of immediacy has to be a sine qua non for such kind of appointment,”
“Policy of compassionate appointment is intended to give immediate relief to the family of the deceased upon death of the deceased. It is a one time succor when the family lunges into economic crises upon death of bread earner. While on one hand the compassionate benefit is not a matter of right and would offend the principle of equality in employment, on the other hand the passage of time would further negate the claim of a person to be given a compassionate benefit, for, the belated grant of benefit could not be justified as it would lose the very purpose against the compassionate appointment to be offered and the scheme for such appointments to be implemented.”
“Mere family circumstances and that too about the marriage of relatives, divorce and such family disputes could not be said to be good ground which could adequately and satisfactorily explain the long passage of time on part of the petitioner who wanted to enforce his rights under the compassionate scheme to get the benefit on the compassionate basis…A litigant who cares little for his right for long time, loses right to relief. This principle has applicability with greater force when it comes to the case of compassionate appointment having regard to the nature of the benefit and the claim to be enforced.”
“Appointment on compassionate appointment to be offered to the dependent of the deceased employee is an exception to norms that all vacancies in the government departments should be filled in in terms of tenets of Articles 14 and 16 of the Constitution.”
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