“The purpose of appointment on compassionate ground is to provide immediate succour to the family of the deceased dying in harness. With the delay and passage of time, the claim of the appointment on compassionate ground would stand defeated,” said Justices Sanjay Gangapurwala and R N Laddha in an October 11 order.
Dilip Jaiswar’s father worked as a dock labour with the Mumbai Port Trust. In 1995, he died in an accident. Jaiswar attained majority in 2004. In 2007, the family pension was sanctioned but discontinued in 2011. He applied for the 5 % posts that are to be filled on compassionate ground. It was rejected on the grounds that his father did not die on duty.
The MbPT’s advocate argued that the application was made after 11 years. Also since Jaiswar’s father did not die on duty, he is not entitled for appointment. But the judges note that at the time he died Jaiswar’s father was in employment and “hence petitioner had a right to apply for appointment on compassionate ground.”
The judges, however, took note of the fact that for 11 years after attaining majority, Jaiswal did not take steps and it was only in 2015, that he applied for appointment on compassionate grounds for the first time. The family pension was received by the family in the year 2007.
“The grant of family pension may not be the ground to negate the claim for appointment on compassionate ground. However, the fact that for 11 years upon attaining the age of majority, the petitioner did not apply seeking appointment on compassionate ground itself disentitles the petitioner from claiming the benefit of compassionate appointment,” they added.