JADUNATH SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) WITH the consent of the counsel for the parties, the matter is heard finally.

(2.) BY way of this petition the petitioner is seeking compassionate appointment on account of the death of his father late Shri Ram Singh who died on 23.6.2002 while working as Timber Mechanic in a colliery under the Coal India Ltd.

(3.) ON the other hand counsel for the respondents submits that as per the policy of the respondents 2 to 6 petitioner is not entitled for compassionate appointment for the reason that he was never shown by the deceased to be dependent on him, in the service record. He submits that dependants of the deceased employee have already been paid a sum of Rs. 4,90,000 as CMPF, Rs. 1,61,539 as gratuity, Rs. 30,000 as ICS. This apart, an amount of Rs. 1,012 per month is being paid as family pension and thus according to the counsel for the respondents the family of the deceased employee is not having any financial crunch arid therefore the petitioner is not entitled for compassionate appointment. He submits that the petitioner died on 23.6.2002 but the application for compassionate appointment was made on 13.1.2004 which shows that the family of the deceased employee is not having any financial constraint. In support of his submission reliance has been placed on the decision of the Supreme Court in the matter of Santosh Kumar Dubey Vs. State of Uttar Pradesh and others1 in which it has been held by the Supreme Court that the very concept of giving a compassionate appointment is to tide over the financial difficulties that are faced by the family of the deceased due to the death of the earning member of the family. The benefit is given to the family of the deceased employee to tide over the financial constraint. The Supreme Court further went on saying that the request for appointment on compassionate grounds should be reasonable and proximate to the time of the death of the bread earner of the family, inasmuch as the very purpose of giving such benefit is to make financial help available to the family to overcome sudden economic crisis occurring in the family of the deceased who has died in harness. But this, however, cannot be another source of recruitment. This also cannot be treated as a bonanza and also as a right to get an appointment in government service.