- (1.) THE petitioner has applied for appointment on compassionate ground vide application dated 10.3.1999, saying his mother has expired in harness on 8.1.1999, who was working as piece rated worker with the respondent no.1.
(2.) CANDIDATURE of the petitioner was rejected by the authorities on the ground that the petitioner's father was also in the employment of M/s Central Coalfields Limited , who has sought V.R.S. With effect from 17.2.2003. Mr. Yadunandan Mishra, learned counsel appearing for the petitioner has argued that as per Clause 9.3.2 under Chapter 9 of Social Security of the National Coal Wage Agreement-VI (N.C.W.A.VI) on the death of an employee in harness, his dependent shall be given appointment on compassionate ground. Apex Court in the case of Bhawani Prasad Sonkar Vs. Union of India and Ors., reported in (2011) 4 SCC 209, in para 20 has observed as under: "20. Thus, while considering a claim for employment on compassionate ground, the following factors have to be borne in mind. (i) Compassionate appointment cannot be made in the absence of rules and 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 dependents 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."
(3.) IN view of the dictum of the Apex Court, compassionate appointment can only be made strictly as per the provision of Scheme, Rule or Regulations of the State or the instrumentality of the State. Object of granting compassionate appointment is to provide immediate monetary help to the dependent of the deceased breadwinner. 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. Compassionate employment is permissible only to one of the dependents of the deceased/ incapacitated employee. To seek compassionate appointment as per the Scheme, the petitioner has to prove that he was solely depending on the deceased employee. Since on the date of death of the mother of the petitioner, petitioner's father was in the employment of M/s Central Coalfields Limited and was drawing salary, therefore, it cannot be said that mother of the petitioner was sole bread earner and the petitioner was solely depending on the salary of his late mother. There is a difference between legal heirs and dependent. Since the petitioner's mother died in the year 1999 and at that time his father was in the employment of M/s Central Coalfields Limited, therefore there was definite income coming to the family, hence immediate monetary help justifying the compassionate appointment was not required. Moreover, after the retirement of his father in the year 2003, no compassionate appointment seems to be justified on the ground that his mother has expired in the year 1999. Therefore, no relief can be granted to the petitioner.;