Minor has No Right to Compassionate Appointment at Time of Father’s Death in Harness

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June 07, 2018

Case name: Kamal Adhikari v. State of West Bengal & Ors.

The case at hand deals with petition for compassionate appointment and the Petitioner herein has appealed before the High Court of Calcutta against order of West Bengal Administrative Tribunal, whereby the Tribunal had rejected after considering the admitted fact of inordinate delay in submitting the application.

The Petitioner’s father died on May 22, 1986 while he was working for gain as a temporary employee under the respondent. At that point of time, the petitioner was 11 years old, i.e. a minor. About four years after attaining the majority, the petitioner submitted an application in the year 1997 for his appointment on compassionate ground due to death of his aforesaid father in harness.

In appeal the High Court also dismissed the Petitioner’s pray and observed that taking into consideration the admitted fact and the settled principles of law that a minor had no right to claim an appointment at the time of death of his father in harness as also there was inordinate delay in submitting the application for such appointment on compassionate ground even after attaining the majority.

Here it would be relevant to mention that reference was also made to the case of Syed Khadim Hussain vs. State of Bihar & Ors.[1], which deals with Minor’s application for compassionate appointment. In this case, the petitioner was a minor at the time of death of his father in harness. His mother had applied the application within time for appointment on compassionate ground. During the pendency of her application the son attended majority and submitted application for appointment on compassionate ground. In the case, the Supreme Court allowed Petitioner’s application for compassionate appointment.

Also read 10 Important Judgments on Service Law in India

[1] (2006) 9 SCC 195