RAJESH BALIA, J. - (1.) Heard learned counsel for the appellants.
(2.) The appellants are seekers of employment with the respondent Bank on compassionate ground. It is not in dispute that the incumbent, husband of appellant No. 1 and father of appellant No. 2, had died in 1985 after serving the respondent Bank for about 7 years. The writ petition for seeking compassionate appointment has been filed in 2001 after about 16 years and at the time when Ram Singh Meena died the appellant No. 1, who was immediately entitled to be appointed as a widow of deceased Ram Singh herself was 27 years of age. In these circumstances, the learned single Judge of this Court has not entertained the petition and in our opinion rightly so, for keeping open the door for such long period when need for providing immediate succor in the hour of calamity was over is not the purpose of giving appointment on compassionate ground which is an exception to general rule of employment through regular recruitment procedure.
(3.) The Supreme Court has succinctly stated the scope of appointment on compassionate grounds as an exception to the regular appointments in tune with principle of offering equal opportunities in the matter of employment, in Union of India v. Bhagwan Singh, 1995 (6) SCC 476 : 1996-I-LLJ-1127. The Court said: "The reason for making compassionate appointment, which is exceptional, is to provide immediate financial assistance to the family of a Govt. servant who dies in harness, when there is no other earning member in the family." The Court further pointed out: "As a rule, appointments in the public services should be made strictly on the basis of open invitation of applications and merit. No other mode of appointment nor any other consideration is permissible." The Court clarified that the plea for compassionate employment is not to enable the family to tide over the sudden crisis or distress which resulted as early as September 1972 by seeking appointment on compassionate ground after such sudden need is over. In Bhagwan Singh's case compassionate appointment was sought after 20 years of the death of the incumbent.;