Delve into the intricate legal analysis of a recent judgment regarding compassionate appointments. The court’s decision sheds light on the crucial aspect of delay and laches in such cases, providing valuable insights into how these factors can impact the outcome of a claim for compassionate employment. Stay tuned to understand the significance of timely applications in the realm of compassionate appointments.
Facts
- The Steel Authority of India Limited filed a writ petition before the High Court which was dismissed by the Division Bench.
- The Division Bench upheld the judgment and order of the Central Administrative Tribunal in T.A. No.14 of 2014 regarding compassionate employment.
- The Tribunal directed the appellant to reconsider the case of the deceased’s second son for compassionate appointment.
- The High Court’s decision was appealed by the Steel Authority of India Limited.
- The widow of the deceased employee filed a Writ Petition for appointment of her second son on compassionate grounds.
- The eldest son also approached the authority for compassionate appointment.
- The deceased employee passed away in 1977, and his case was considered based on the scheme applicable at the time of his death (circular dated 01.09.1975).
- The deceased employee’s application for appointment on compassionate grounds was rejected.
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Arguments
- The deceased employee died in 1977 and the widow filed a second application for appointment on compassionate grounds for her second son in 1996.
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Analysis
- The issue in the present appeal is narrow.
- The Division Bench did not provide specific independent findings in the impugned judgment.
- There is no discussion on merits, delay, and laches in the judgment.
- The respondent is not entitled to appointment on compassionate grounds due to delay and laches.
- The order dated 17.10.1977, rejecting the application for appointment of the eldest son, was not challenged in the writ petition.
- There was a delay of 18 years in making the second application for appointment on compassionate grounds.
- The Tribunal directed the appellant to reconsider and appoint the second son despite the delay.
- The second application for the second son was filed in 1996 after an 18-year gap.
- Delay in approaching the court for claim of compassionate appointment militates against the claim.
- Appointment on compassionate ground is an exception to the general rule of competitive merit-based appointments.
- Survival of the family and substantial time elapsed are factors considered in compassionate appointments.
- In this case, the second application was made after a delay of 18 years, leading to the dismissal of the claim for compassionate appointment.
- In the facts and circumstances of the case, no order as to costs.
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Decision
- Present appeal is allowed accordingly
- Further details of the specific part of the judgement are not provided in the input for summary
Case Title: STEEL AUTHORITY OF INDIA LIMITED Vs. GOURI DEVI (2021 INSC 755)
Case Number: C.A. No.-006910-006910 / 2021
