RANCHI, India, Dec. 14 -- Jharkhand High Court issued the following order on Nov. 13:
1. Heard the parties.
2. By filing this writ petition, the petitioner prays for appointment on compassionate ground.
3. It is the case of this petitioner that his father Late Narayan Yadav, who was a Home Guard, died in harness on 03.01.2011 in a motor vehicle accident. Since the father of the petitioner died in harness, the petitioner being his son, is entitled to be appointed on compassionate ground, thus, he claims such appointment.
4. Learned counsel representing the petitioner submits that earlier the mother of this petitioner moved before this Court in WPS No. 1759 of 2012, which was disposed of on 14.6.2012 directing the respondents to take an appropriate decision, but according to the petitioner, the decision has not yet been taken.
5. After going through the entire writ petition, and the annexures of the petition, I find that the father of this petitioner died sometime in the year 2011. Now the petitioner has approached this Court seeking compassionate appointment.
6. Appointment on compassionate ground is not a mode of recruitment. The same is an exception to the Constitutional provision. The basic purpose of compassionate appointment is to grant immediate financial relief to the family members of the deceased employee. The purpose of providing compassionate appointment is to mitigate the hardship due to the sudden death of the bread winner of the family. It is the immediate financial crisis which needs to be addressed by giving compassionate appointment. Due to passage of time, the family overcomes the immediate financial crisis thus, the need of compassionate appointment does not remain after lapse of a considerable period.
7. The Hon'ble Supreme Court in the case of State of West Bengal Vs. Debabrata Tiwari & Ors. reported in 2023 SCC OnLine SC 219, at para-32 and 35, held as hereunder:- 32. On consideration of the aforesaid decisions of this Court, the following principles emerge:
i. That a provision for compassionate appointment makes a departure from the general provisions providing for appointment to a post by following a particular procedure of recruitment. Since such a provision enables appointment being made without following the said procedure, it is in the nature of an exception to the general provisions and must be resorted to only in order to achieve the stated objectives, i.e., to enable the family of the deceased to get over the sudden financial crisis.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x2mp8DtkxRqFCn9MTCC5knGphI6%2Fnb71DVe4WOzfPfSX&caseno=WPC/6244/2025&cCode=1&cino=JHHC010365622025&state_code=7&appFlag=)
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