C.M. Ravi Kumar vs The Director of Municipal Administration, The Deputy Commissioner, Ramanagar District, Ramanagar, The Tahsildar and The Chief Officer, Channapatna Town Panchayath, Channapatna

A.N. Venugopala Gowda

Petitioner''s father employed in the 4th respondent Channapatna Town Panchayath, passed away while in service on 18.08.1997. Petitioner passed S.S.L.C. on 30.05.1999. He filed an application on 03.12.2001 before the 1st respondent to grant appointment on compassionate ground. Alleging inaction on the part of the respondents, this writ petition has been filed to direct the respondents to consider the application and appoint him on compassionate ground.

Sri M.V. Maheswarappa, learned Advocate appearing for the petitioner contended that, despite the application having been submitted on 03.12.2001, there is inaction on the part of the respondents and hence, a direction may be given to consider the said application and appoint the petitioner on compassionate ground.

I have perused the writ papers.

The point for consideration is whether, in the facts and circumstances of the case, the claim of the petitioner for appointment on compassionate ground at this length of time, can be directed to be considered by the respondents?

It is well settled by catena of decisions of the Apex Court that, compassionate appointment cannot be granted after lapse of a reasonable period. The claim for appointment on compassionate ground is not a vested right. The object of providing appointment on compassionate ground is to enable the family of the deceased employee to overcome the immediate financial crisis which it faces at the time of death of sole bread earner. Appointment on compassionate ground cannot be claimed nor offered whatever be the lapse of time after the crisis is over.

Indisputedly, petitioner''s father passed away on 18.08.1997. An application for appointment on compassionate ground was made after four years of death of Mariswamy. The family of the deceased has overcome the crisis on account of the intervening period of 14 years from 18.08.1997 till date. In the circumstances, the ratio of the decision in the case of Smt. Sulochana Duttargi Vs. The Manager, National Insurance Co. Ltd. and Others, , squarely applies to the present case.

Since there is more than 14 years time gap from the date the cause of action for this petition arose i.e. 18.08.1997, the claim of the petitioner to direct the respondents to consider his application for appointment on compassionate ground being stale, there being inordinate delay and laches, the writ petition is untenable. I do not find any justification to direct the respondents to consider the petitioners claim for appointment on compassionate ground after long lapse of 14 years from the date of death of petitioners father.

Consequently, the writ petition being hit by delay and laches, shall stand rejected.