CHETAN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE present petition is being disposed of at the admission stage with the consent of the learned counsel of the parties. Brief facts necessary for the adjudication of the present petition are that the petitioners father who was working as a Forest Guard with the respondent -corporation died on 8.9.1996. The petitioners mother Smt. Nila Devi made representation to the respondent -corporation seeking appointment on compassionate basis for her son. The case of the petitioner was considered and ultimately rejected on 4.12.2008.

(2.) WE are of the considered view that there is no illegality in the order dated 4.12.2008. In the present case the petitioners father has died on 8.9.1996. 13 years have elapsed. The purpose of granting appointment on compassionate ground is to tide over the crisis immediately after the death of bread earner. The circumstances have changed within a period of 13 years and accordingly the respondents cannot be directed to appoint the petitioner on compassionate ground. Their Lordships of the Honble Supreme Court in a recent judgment in M/s Eastern Coalfields Limited versus Anil Badyakar and others, AIR 2009 SC 2534 have held that the compassionate appointment is not a vested right and the same cannot be claimed long after death of employee in harness. Their Lordships have held as under: