- (1.) PRESENT petition has been filed assailing the order dated 12.11.2001 (Annexure 5), whereby the claim of the petitioner seeking compassionate appointment was rejected. Perusal of the record would reveal that petitioner's father Late Sri Chandradeep Rabidas was to retire on reaching the age of superannuation on 19.12.1999, however, he has expired, six months before his date of retirement, on 10.06.1998.
(2.) HON'ble Apex Court in the case of Bhawani Prasad Sonkar Vs. Union of India and others, (2011)4 SCC 209 in Paragraph 20 has held as under:- "20. Thus, while considering a claim for employment on compassionate ground, the following factors have to be borne in mind: (i) Compassionate employment cannot be made in the absence of rules or regulations issued by the Government or a public authority. The request is to be considered strictly in accordance with the governing scheme, and no discretion as such is left with any authority to make compassionate appointment dehors the scheme. (ii) An application for compassionate employment must be preferred without undue delay and has to be considered within a reasonable period of time. (iii) An appointment on compassionate ground is to meet the sudden crisis occurring in the family on account of the death or medical invalidation of the breadwinner while in service. Therefore, compassionate employment cannot be granted as a matter of course by way of largesse irrespective of the financial condition of the deceased/incapacitated employee's family at the time of his death or incapacity, as the case may be. (iv) Compassionate employment is permissible only to one of the dependants of the deceased/incapacitated employee viz. parents, spouse, son or daughter and not to all relatives, and such appointments should be only to the lowest category that is Class III and IV posts." On being asked, learned counsel for the petitioner is not able to answer as to whether petitioner was unemployed and was not gainfully engaged anywhere on the date of death of his father. Learned counsel for the petitioner is also not in a position to tell the age of the petitioner on the day of death of his father. To seek the compassionate appointment, even under the Scheme of Coal India Limited, applicant has to show that he was/is having no source of income and was/is wholly dependent on the deceased-employee at the time of death of the employee. In view of the above discussion, present writ petition is dismissed.;