Dhalla Ram Vs. Union of India and Others
EmailAppeal: SLP (C) No. 3363 of 1997
Petitioner: Dhalla Ram
Respondent: Union of India and Others
Apeal: SLP (C) No. 3363 of 1997
Judges: K. RAMASWAMY & G.T. NANAVATI, JJ.
Date of Judgment: Feb 24, 1997
Head Note:
SERVICE LAWS
Appointment on compassionate grounds – Government employee dying when his son was six years old – Son attaining majority in 1977 – Son making application in 1987 for appointment on compassionate grounds to give sustenance to family – Application rejected in 1988 – Filing of application before CAT in 1993 against Gover-nment’s refusal – Maintainability. Held appointment on compassionate grounds is not a method of recruitment but only a facility. In view of the long delay in filing the case the CAT was justified in dismissing the application.
Appointment on compassionate grounds – Government employee dying when his son was six years old – Son attaining majority in 1977 – Son making application in 1987 for appointment on compassionate grounds to give sustenance to family – Application rejected in 1988 – Filing of application before CAT in 1993 against Gover-nment’s refusal – Maintainability. Held appointment on compassionate grounds is not a method of recruitment but only a facility. In view of the long delay in filing the case the CAT was justified in dismissing the application.
JUDGEMENT:
ORDER
1. This special leave petition arises from the order of the Central Administrative Tribunal, made on 12-7-1993 dismissing the petitioner’s application for appointment on compassionate grounds. The father of the petitioner died on 13-12-1965 on which date the petitioner was below 6 years. He attained majority, on his own statement, on 12-7-1977, when he completed 18 years of age. He made an application on 15-7-1987 for his employment on compassionate grounds. The very object of making appointment on compassionate ground is to rehabilitate the family in distress of the deceased employee who dies in harness. There should be no difficulty in considering an eligible candidate for providing immediate sustenance to the members of the deceased employee. He had applied on 15-7-1987 and the application was rejected on 14-7-1988. He filed the OA on 12-7-1993. In view of the long delay, after the refusal by the Government, in filing the appli-cation, the same cannot be entertained. The appointment on com-passionate grounds is not a method of recruitment but is a facil-ity to provide for immediate rehabilitation of the family in distress for relieving the dependent family members of the de-ceased employee from destitution.
2. Under these circumstances, we do not find any ground war-ranting interference with the order passed by the Tribunal dis-missing the application on 12-7-1993.
3. The special leave petition is accordingly dismissed.
1. This special leave petition arises from the order of the Central Administrative Tribunal, made on 12-7-1993 dismissing the petitioner’s application for appointment on compassionate grounds. The father of the petitioner died on 13-12-1965 on which date the petitioner was below 6 years. He attained majority, on his own statement, on 12-7-1977, when he completed 18 years of age. He made an application on 15-7-1987 for his employment on compassionate grounds. The very object of making appointment on compassionate ground is to rehabilitate the family in distress of the deceased employee who dies in harness. There should be no difficulty in considering an eligible candidate for providing immediate sustenance to the members of the deceased employee. He had applied on 15-7-1987 and the application was rejected on 14-7-1988. He filed the OA on 12-7-1993. In view of the long delay, after the refusal by the Government, in filing the appli-cation, the same cannot be entertained. The appointment on com-passionate grounds is not a method of recruitment but is a facil-ity to provide for immediate rehabilitation of the family in distress for relieving the dependent family members of the de-ceased employee from destitution.
2. Under these circumstances, we do not find any ground war-ranting interference with the order passed by the Tribunal dis-missing the application on 12-7-1993.
3. The special leave petition is accordingly dismissed.
