The High Court
Case Details
2025:JHHC:36272 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(S) No. 1575 of 2022 Ramjag Yadav, son of late Housila Prasad Yadav, village Khalari, P.O Manki, P.S. Raybachra, District- Ranchi, Jharkhand. ... Petitioner(s) -Versus- 1. Central Coalfields Ltd., a subsidiary of Coal India Limited, having its Head Office at Darbhanga House, P.O. G.P.O., P.S. Kotwali, District -Ranchi through its Chairman-cum-Managing Director. 2. Director (Personnel), Central Coalfields Limited, Darbhanga House, Ranchi, P.O. G.P.O, P.S. Kotwali, District – Ranchi. 3. General Manager (MP & IR), Central Coalfields Limited, Darbhanga House, Ranchi, P.O. G.P.O.. P.S. Kotwali, District – Ranchi. 4. General Manager, NK Area, Central Coalfields Limited, At North Karnpur, P.O. Churi, P.S.-Khalari, District - Ranchi (Jharkhand). 5. Project Officer, Churi Project under NK Area, Central Coalfields Ltd., At Churi, P.O. Churi, P.S.Khalari, District - Ranchi (Jharkhand). 6. Chief Manager (P/MP), Central Coalfields Ltd.Darbhanga House, Ranchi, P.O. G.P.O, P.S. Kotwali, District – Ranchi. 7. Deputy Manager (HR/P), Churi Project under NK Area of M/s. Central Coalfields Ltd., Churi Project under NK Area, Central Coalfields Ltd., At Churi, P.O. Churi, P.S. Khalari, District-Ranchi (Jharkhand). …... Respondent(s) CORAM :
Legal Reasoning
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. ii. Appointment on compassionate grounds is not a source of recruitment. The reason for making such a benevolent scheme by the State or the public sector undertaking is to see that the dependants of the deceased are not deprived of the means of livelihood. It only enables the family of the deceased to get over the sudden financial crisis. iii. Compassionate appointment is not a vested right which can be exercised at any time in future. Compassionate employment cannot be claimed or offered after a lapse of time and after the crisis is over. iv. That compassionate appointment should be provided immediately to redeem the family in distress. It is improper to keep such a case pending for years. v. In determining as to whether the family is in financial crisis, all relevant aspects must be borne in mind including the income of the family, its liabilities, the terminal benefits if any, received by the family, the age, dependency and marital status of its members, together with the income from any other source. -2-. 35. Considering the second question referred to above, in the first instance, regarding whether applications for compassionate appointment could be considered after a delay of several years, we are of the view that, in a case where, for reasons of prolonged delay, either on the part of the applicant in claiming compassionate appointment or the authorities in deciding such claim, the sense of immediacy is diluted and lost. Further, the financial circumstances of the family of the deceased, may have changed, for the better, since the time of the death of the government employee. In such circumstances, courts or other relevant authorities are to be guided by the fact that for such prolonged period of delay, the family of the deceased was able to sustain themselves, most probably by availing gainful employment from some other source. Granting compassionate appointment in such a case, as noted by this Court in Hakim Singh [Haryana SEB v. Hakim Singh, (1997) 8 SCC 85 : 1998 SCC (L&S) 31] would amount to treating a claim for compassionate appointment as though it were a matter of inheritance based on a line of succession which is contrary to the Constitution. Since compassionate appointment is not a vested right and the same is relative to the financial condition and hardship faced by the dependants of the deceased government employee as a consequence of his death, a claim for compassionate appointment may not be entertained after lapse of a considerable period of time since the death of the government employee.” 8. After about eight years of the death of an employee, the petitioner who is the son, is approaching this Court for grant of compassionate appointment. Now we are in the year 2025, thus eleven years have elapsed from the death of the employee. Thus the delay (no matter who was responsible for it) has definitely defeated the claim of compassionate appointment. The family of the deceased has definitely tied over the immediate financial crisis. The family has survived for this long eleven years. When the family has survived for eleven years, now no compassion remains. 9. 10. Accordingly, this writ petition stands dismissed.
Arguments
------ SRI ANANDA SEN, J. ------ For the petitioner(s): For the CCL: M/s Uday Prakash and Kumar Harsh, Advocate. . Mr. Amit Kr. Sinha, Advocate. ------ 16/03.12.2025: 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 Hausila Prasad Yadav, who was a Sub-Station Attendant, died in harness on 03.07.2014. 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 the claim of the petitioner was rejected vide letter dated 18.8.2015 on the ground of overage. 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 2014. Now the petitioner has approached this Court seeking compassionate appointment. 6. Appointment on compassionate ground is not a source 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:-
Decision
Pending interlocutory application, if any, also stands disposed of. 3rd December, 2025 Anu/-Cp2 (ANANDA SEN, J.) Uploaded on: 05.12.2025. -3-.