No compensatory jobs after years of kin’s death: HC

In a major setback for people eyeing government jobs as compensatory appointments after the death of their kin, the Gujarat high court in recent orders ruled that they cannot seek such appointments if the deceased passed away years before their application for the same.

Justice MR Shah of the Gujarat high court recently dismissed five petitions moved by different candidates, including one woman, who sought direction to the government that they be given jobs on compensatory basis. The court cited a decision of Supreme Court which stated that it was not necessary to consider a consideration appointment of the candidate have no problem of livelihood.

The Supreme Court had observed that the “general rule should not be departed from except where compelling circumstances demand, such as death of the sole breadwinner and livelihood of the family suffering because of the setback.”

“Once it is proved that in spite of the death of the breadwinner, the family survived and a substantial period is over, there is no necessity to say goodbye to the normal rule of appointment and to show favour to one at the cost of the interests of several others ignoring the mandate of Article 14,” the court had further observed.

Gayatri Joshi’s father had worked as a clerk in a government department and had died in 1992. She filed a petition in the high court, which dismissed the same, observing that the question of appointment of the petitioner on compassionate grounds was posed for consideration of the court after a period of 17 years.

The Gujarat high court also rejected a petition moved by Mahammadnishar Mansuri, whose father had died during service as a chief teacher. The verdicts in both cases came after a period of around 15 years; both petitions had been filed in the high court in 1994. In both, the judge cited the verdict of the Supreme Court in the case of Sajjad Mir and Others.

Vijay Vacchani’s father had worked in a government department and had died in 1983. He had not made an application directly after his father’s death, but forwarded an application to the concerned government department in 1997 when he became a major. The department rejected his application, following which he approached the high court, which rejected his petition.

Sandip Chaudhry’s petition met with the same fate. He moved a petition in the high court, seeking a job in place of his father, who had died in 1992. Jitendra Solanki, whose father had died in 1997, sought a job in the Vadodara Municipal Corporation. The high court dismissed his petition after the corporation told the court that his father had retired from service on medical ground in 1994 and, hence, Solanki’s demand could not be considered.