Service Law

Compassionate appointment

— Delay and laches in applying for — Effect — Held, such appointment is an exception to general rule that appointment to public office should be made on the basis of competitive merits — Once it is proved that in spite of the death of the breadwinner, the family survived and substantial period is over, there is no need to make appointment on compassionate ground at the cost of the interests of several others ignoring the mandate of Art. 14 of the Constitution — In the present case, application for compassionate appointment made by respondent after 4 1/2 years of death of his father — Rejection thereof — Though respondent had knowledge of said rejection, he kept silent and did not take any action in respect thereof — Subsequently after 3 years when department again communicated to him that he could not be appointed on compassionate ground, respondent filed writ petition challenging the said decision (which was after more than 12 years of death of his father) — Held, Single Judge of High Court was justified in dismissing the writ petition on ground of delay and laches — Division Bench erred in setting aside that order — Fact that when Division Bench decided the matter, more than fifteen years had passed from the date of the death of the applicant's father, held, was indeed a material fact which showed that the family survived in spite of the death of the employee, (2006) 5 SCC 766