NIRMALJIT KAUR,J. - (1.) The prayer in the present writ petition is to grant appointment to the petitioner on the post of Class IV employee on compassionate ground.
(2.) The husband of the petitioner, namely, Late Kishan Lal died on 30.07.2006 while working on the post of Driver with the respondent department. The petitioner applied for compassionate appointment and her application was rejected by the respondents vide Order dated 29.10.2007, whereas, the present petition has been filed now in the year 2017 i.e. after almost 10 years. Although, no explanation for the delay is forthcoming but it is stated that the petitioner had moved consecutive applications before the respondents for according her compassionate appointment and her application was rejected for second time on 02.11.2010 on the ground that the petitioner is only Class V passed and as per the Regulations of 2010, there is provision for appointment on compassionate ground on the post of Assistant Traffic Inspector, Computer, Sub-Store Inspector, Driver, Conductor, Artisan Grade-III and Lower Division Clerk but the petitioner did not fulfil the requisite qualification for the aforesaid post. Instead of coming to this Court, the petitioner continued to approach the authorities by way of submitting various representations and her last representation to appoint her on the post of Class IV employee was rejected on 28.11.2016 on the ground that her application was beyond limitation and that her application had already been rejected earlier on the ground that she did not have requisite qualification.
(3.) The Apex Court in the case of Umesh Kumar Nagpal v. State of Haryana reported in 1994 SCC (4) 138 refused to interfere in the matter after lapse of reasonable time on the ground that the compassionate employment is granted only on account of the economic difficulties faced by a person on the death of the deceased and the petitioner having successfully faced over the financial difficulties for the period he did not approach this Court, no relief could be granted and held in Para 6 as under:- "6. For these very reasons, the compassionate employment cannot be granted after a lapse of a reasonable period which must be specified in the rules. The consideration for such employment is not a vested right which can be exercised at any time in future. The object being to enable the family to get over the financial crisis which it faces at the time of death of the sole breadwinner, the compassionate employment cannot be claimed and offered whatever the lapse of time and after the crisis is over.";