Compassionate job not a perpetual right: Delhi HC


Daijiworld Media Network - New Delhi

New Delhi, Aug 5: The Delhi High Court has ruled that compassionate employment cannot be treated as a lifelong entitlement, dismissing a petition filed by the son of a deceased CISF constable nearly three decades after his father’s death.

A bench comprising Justices C. Hari Shankar and Om Prakash Shukla was hearing the case of Sachin Yadav, whose father died while in service on September 21, 1988. Yadav’s mother, Shakuntala Devi, first applied for a job on compassionate grounds in 2000 but was rejected for lacking the necessary educational qualifications. Following that, the family made no further attempts for the next 18 years.

It wasn't until February 2018 that Yadav, having attained the required qualifications, filed a fresh application. The CISF turned down the request in January 2020, prompting Yadav to approach the Delhi High Court through a writ petition.

The court, however, found no merit in his claim. “Compassionate appointment is designed to help families cope with immediate financial hardship after the death of a breadwinner. That urgency fades with time,” the bench observed.

The judges underlined that allowing such delayed applications would undermine the very intent of compassionate hiring. “It is not a recruitment route that stays open indefinitely. Turning it into one would defeat its humanitarian purpose,” the bench added.

Referencing Supreme Court rulings — including Bhawani Prasad Sonkar v. Union of India — the court reaffirmed that compassionate employment must be sought within a reasonable period following the employee’s death. “If there’s no urgency, the claim loses its basis,” the judgment said.

In conclusion, the bench ruled: “This writ petition is wholly devoid of merit and stands dismissed.”

  

Top Stories


Leave a Comment

Title: Compassionate job not a perpetual right: Delhi HC



You have 2000 characters left.

Disclaimer:

Please write your correct name and email address. Kindly do not post any personal, abusive, defamatory, infringing, obscene, indecent, discriminatory or unlawful or similar comments. Daijiworld.com will not be responsible for any defamatory message posted under this article.

Please note that sending false messages to insult, defame, intimidate, mislead or deceive people or to intentionally cause public disorder is punishable under law. It is obligatory on Daijiworld to provide the IP address and other details of senders of such comments, to the authority concerned upon request.

Hence, sending offensive comments using daijiworld will be purely at your own risk, and in no way will Daijiworld.com be held responsible.