Sambhu Dushad vs Coal India Limited and others

Sanjib Banerjee, J.—The petitioner complains of the respondent authorities rejecting the petitioner''s claim for a compassionate appointment following the death of the petitioner''s father in the year 1988.

The petitioner says that a previous order of July 3, 2014 directed the respondents to consider the petitioner''s case.

Pursuant to the order of this Court of July 3, 2014 on the previous petition of this petitioner, the respondent authorities have considered the entire matter and, by a reasoned order of October 4, 2014, have rejected the application. Cogent grounds have been indicated in the order, not the least of them being that the petitioner was ineligible to be considered for employment at the time that this father died and that the petitioner had not pursued the matter for a period of nearly three decades.

It is now well-established by judicial authorities that an appointment on compassionate grounds is a weak right and the exception to Article 16 of the Constitution can be made only on the ground of helping the bereaved family tide over its immediate financial crisis.

In view of the good grounds indicated in the order impugned dated October 4, 2014 and the inordinate delay on the part of the petitioner to pursue the matter, the petitioner''s plea is unworthy of any further consideration. It is also of some significance that despite the order impugned being passed on October 4, 2014, the present petition has only been filed on January 14, 2016.

WP No.49 of 2016 is dismissed.

There will be no order as to costs.

Urgent certified website copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.