'-^^^^^^-•^^^'•'^^^^^^^•'••^^^^^t^^~;^^v^^^^yii^\\-v?^^,"IfSW .^''-^l^.''^"L".f-7L''"':i-''T^/-'?.^'?\'^^?'?^-'~^;-:-^'''^^''-'^:'^;;r<^^^^?'-^;-^''J'^-J^^ ii. 'etitionei iO. 284 01 Santosh Kumar Ratre, S/'o. Late Phoo! Das Ratre, aged about 24 years, R/o. viiiage niiidiila pnsf Rimria nist Raipur, CG. 21 Chhattisgarh State Eiecdtricity Board through the Secretary, Danganiya, Raipur, District. Raipur, C.G. Madhva Eiec State Eiectricifr/ Board, through the Secreiary, Shakti Bhawan, Jabaipur, MP. Union of India, through the Secreta"/, Mlnistp, of Personal Pubiic Grievances and Pension (State Re-Organisation Cell), Third Floor Lok Nayak Bhawan, Knan iViarKet, New Uelni. Mrit Petitlon under Artlcie 226 of the Constitution of india) I; Hon'bSe Shri Justice Satish K. Aanihotri S'nri Rajesh Pandey, counsel for the petitloner Shri A.S. GahapA'ar. counsei for resoondent No. Shri S.K. Beriwai, counsei for respondent No.3. None for respondent No.2 r-th (Passsd on 2Sl" April, 2007) Lsarned counsei aDDearing for the Detltioner submits father ofthe petitioner, while worklng as Attendant Grade 11 (L) at Dlstrict Raipur, in the Eiectricity Department, died on 9-1-1S99, in na.rness. 2. The father of the petitioner dled on 9-1-99 and the petitioner appiied for compassionate appointrnent on 17-1-2001. There is deiay of r 2.- years on the part of the petitioner in seeking compassionate appointment. The respondents are not taking any steps to grant appointment on compassionate basis to the petitioner. Being aggrieved, the petitioner has fiied this petition on 5-1-2007 3. 'it is weil settled that compassionate around is not a method of recruitmenS, but is a Tacility to provide for immediate rehabilitation of the famity in distress for reiieving the dependent fami'ty members of the deceased empioyee from destitution. In other words, the object of compassionate appointment is to enable penurious famiiy to tide over the sudden finsncial crisis and is not to orovide emplovment. it is aiso weii settied that mere death of the emolovee does not entitie his famiiy to claim comDassionate aoDointment if the famiiv members couid sustain themselves financiailv from ot'ner sources of income. 4. The Supreme Court in State of J.&K and others Vs. Saja< Ahmed Mir, (2008) 5 SCC 7S6, after having considered a!l the aspects of compassionate aopointment, in oara 11 observed as under: "11....... tt ss that such an aDpointment is an exception to the generai ruie. NormaiSy, an empioyment in the Government or other pubiic sectors shouid be open to ail eliflible candidates who can come forward to aDDlv and comDete with each other. it is in consonance with Article 14 of the Constitutibn. Qn the basis of competitive merits, on appointment shouid be made to pubjic office. This aeneral rule shouid not be departed from except where compeiSing circumstances demand, such as, death of the sole breadwinner and Sikelihood of the familv suffering because of the setback. Once it is -3- proved that in spite of the death of the breadwinner, the famiiv sun/ived and substantia! oeriod is over, there is no necessitv to say "goodbye" to the normal rule of appointment and to show favour to one at the cost of the interests of several others iflnorina the mandate of Article 14 ofthe Constitution." 5. it is thus clear from the decision clted above that the petitioner cannot claim compassionats appointment as a right of Inheritance. AppSying we!i settied principle of iaw to the facts of t'ne present case, the Tather of the petitioner died on 9-1-1999, thereafter, the petitioner did not make an application for about t//o years and this oetition was fiied after about 8 vears from the date of death of the father of the petitioner. Thus, famiiy members of the deceased empioyee could sustain themseives from other source of income for such a long period, as such, granting of compassionate appointment, at this stage, would not be in consonance with the Articie 14 ofthe Constitution. 7. For the reasons mentioned hereinabove, the v/rit oetition Is dismissed. No order as to costs. —~-—— - Sd/- Satish K. Agnihotri Judge