IN THE HIGH COURT OF CI-H-IATTISGARH AT BILASPUR § Writ petition No.g?‘§ /2oé. :,,Mohd. Ibrahim s/o Late Shri Mohd. Kasim, resident of Fundardihari Nawapara at & Post - Ambikapur, Distt. Surguja (C.G.). EgTgIONEg ) The State of Chhattisgarh Through : Secretary, Tribal welfare Department, D.K.Bhawan, Raipur (CoG.§. Deputy Commissioner , Tr ibal Welfare Department, Ambikapur, Distt. Surguja (C.G.). Collector, Ambikapur, Distt. Siurguja (C.G.). The State of Madhya Pradesh Through : The Secretary, Tribal Weliiare Department, atpura Bhawan, Bhopal M;P.) ggg‘ ETITIN UNE_L A 2 THE cNsIT :0N OF INDI : Sz (. Jyg PO D_3_ rticle 225/210? ogm 2I A m? 92ml WW w m WWW , mm f€€tW %a1ii—cmm 1&12-2005 Shri D.N. Prajapati, Advocate fo the petitioner Shri Sandeep Dubey, Govt Ad cate for the State of Chhattlsgarh Heard By this petition under Article 26/227 of the ConStItutIon of India the petitioner has sought compassconate a pomtment Brief facts are that the fathe of the petitioner was Peon In Triba Welfare Department who died on 16 1/1971 whrle In servrce At the time of hrs death, the petitioner was minor. On attaining the age of majority of the petitioner, his mother applied for com assionate appointment to the petitioner in the year 1994. The said appii ation was rejected vide order dated 31/1 0/1994 (Annexure-P/5). Thereaft r, the presentpetition was flied in the year 2003 which is highly belated. No reasonable explanation has been ‘ offered for such long delay lt has to be remembered th t the appomtment on compassmnate ground is not a source of recrult ent but merely an exception to the requirement of making appointme on open invitation of application on merits Basrc Intention Is that on th death of the employee concerned his famliy is not deprived of the means o livelihood The object is to enable the a family to get over sudden fnancral crI ln Life Insurance tionro India vs. Ashe Ramc’ handra Ambekar {Mrsf "and another reported in 199 2 SCC 718, it Was pointed out .that ’Courts cannot Confer benediction im elled by sympathetic consideration to make appointments on compassionat grounds when the regulations framed in respect thereof do not cover and co emplate such appointments. \ i f Wastes \s ! n Si . Cor a \ XI-HC-22 ‘ in the case of smt. Sushmé Gosain and oihers vs. Union-of India land others reported in‘ (19892 4 SCC 4 i8 it'Was observed that [in all‘ claims of ' appointment on éompassionaté grounds there should not be any de!ay In appointmentThe purpose of providm appomtment on compasswnate ground is to mitigate the hardship due to deat of the bread-earner m the famuy. Such appointments should. thetefore, be, p ovided immediately to‘redeem the family in distress. The factthat the ward, as a minor at the time of death of his father Is no ground unless the Sche e itseif envisages specifically otherwise to state that as an when such mlno becomes a maror he can be appomted Without any time conscrousness or hm t The above View was reiterate in the cases of &hool Wati {Smt} vs. ‘ 1991 Supp (2) SCC 689 and Union of ported in [19952 6 SCCV476; , in the case of Director of ’ Pushpendra Kumar and others repo ed in L998) 5 SCC 192 It was observed that In matter of compassronate app Intment there cannot be lnsrstence for a particuiar post Out of purely human! anan constderatron and havmg regard to t the fact that unless some source of lr elthood ts provrded the family would not - be able to make both ends meet, prc vtsrons are made for glvmglappomtment to one of the dependants of the Izdec‘eased who may be eligible for appointment. Care has, however. tc be taken that provision for ground of __ compassionate emptoyment which is in the nature of an exception‘to the general provisions does not unduly interfere with the right of those other personswho are eligible for appointrr ent to seek appointment against the post which would have been available, bLt for the provisipn enabting'appointment \being made on compassionate grot nds of the dependant of‘the deceased Union of India and Others reported i _ India and others vs Bhaqwan Sinqh \. ~ .ptseraa" \j \ \ . \