JITENDRA KUMAR SIDAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The claim of the petitioner in the present petition is for a direction to the respondents for considering the case of the petitioner for grant of compassionate appointment.

(2.) The relevant dates for deciding the present petition are that the petitioner was aged about 26 years at the time of filing of the present petition. The claim for compassionate appointment is against the death of the father of the petitioner who died in harness on 09.01.2002 while working as a Head Master in Middle School, Tinmini, Pussore, District Raigarh. Immediately thereafter, mother of the petitioner had filed an application for compassionate appointment on 04.02002 but she did not pursue the same any further neither has she challenged the inaction on the part of the respondents till now. The present petitioner attained the age of majority in Nov., 2008. Thereafter, for the first time he moved an application for grant of compassionate appointment on 10.06.2015. From the aforesaid facts itself it reveals that the mother has not claimed for compassionate appointment. The son attained the age of majority in Nov., 2008 and he claimed for compassionate appointment for the first time on 10.06.2015 i.e. after about 7 years from the date of attaining majority and about 13 years after the date of death of the deceased employee.

(3.) The law in respect of grant of compassionate appointment is well settled, that the compassionate appointment is granted to tide over the immediate financial crisis which the family of the deceased employee suffers on account of the death of the employee. But in the instant case the petitioner has admittedly filed the application for compassionate appointment after about 7 years from the date of attaining majority and after about 13 years from the date of death of the employee which itself shows that he and his family members sustained themselves for these periods and therefore they do not appear to be in the stage of penury which is the object behind grant of compassionate appointment.