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Government has rejected my claim of compassionate appointment due to delay

Shivendra Pratap Singh

Advocate

22/06/2022

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Question: My husband died during the service. At the time of his death in 2010, I was in shock therefore, could not apply for the compassionate appointment. One more thing is that my son was a minor and he was studying in class six. Now he became the major and completed his graduation. Hence, I applied for the compassionate appointment for my son in January 2022. But the government has rejected my claim of compassionate appointment due to delay. In this situation can my son get a compassionate appointment? Please guide me.

Asked from: Uttar Pradesh

Compassionate appointment

According to Section 5 of the U.P. Recruitment of Dependants of Government Servants Dying-in-harness, Rules, 1974, you have to make an application within five years from the date of the death of the Government servant.

The proviso of section 5 empowers the state government to relax the time limit for making such an application if the applicant had some satisfactory reasons for not applying within time. 

Purpose of compassionate appointment

The purpose of compassionate appointment is to provide immediate relief to the bereaved family. Compassionate appointment is an exception to the general rule and no aspirant has a right to the compassionate appointment. Hence, you cannot claim compassionate appointment as a matter of right after twelve years since the death of your husband.

Sufficient reasons for delay

Section 5 of dying in harness rule 1974 provides that applicant should possess educational qualifications prescribed for the post or otherwise qualified for Government service. If you, as a wife of deceased government servant, did not possess the desired educational qualification or not fit for the government service then it is a valid reason for delayed application. Because you have no option except to wait till your son becomes eligible for government service.  

Case law

In Vishal Saini v. State of U.P. and others [2021 (3) ADJ 74 (LB)] the applicant was minor at the death of his mother and there was no other person eligible for the compassionate appointment. He applied when he became the major and acquired the essential qualification. The Allahabad High Court has held that it is a satisfactory reason for delayed application and the applicant is entitled for the compassionate appointment. 

You have applied for it after twelve years since the death of your husband. Therefore, in the application you should have to mention the reason for delay in making such an application. 

How to challenge rejection order

If you have any satisfactory grounds for delay then you should file a writ petition in the High Court Allahabad for quashing of rejection order and direction for granting compassionate appointment. In devoid of satisfactory reasons for such an inordinate delay you are not entitled for the compassionate appointment under the dying in harness rule 1974.

Also read: Can married daugher elligible for compassionate appointment?

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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