Authority: High Court of Chhattisgarh at Bilaspur
Order Date: (date not specified in the document)
Case Overview
- Petitioner: Sandeep Lakra, son of the late Manbahal Lakra, former Lineman Assistant Grade‑II of CSPDCL, who died on 22‑Oct‑2009.
- Respondents: Chhattisgarh State Power Distribution Company Limited and its officials (Chairman, Managing Director, Executive Director, Executive Engineer, Chief Engineer).
- The petitioner sought quashing of the order dated 25‑Mar‑2017 rejecting his compassionate appointment application, and requested a compassionate appointment in a suitable post.
- The mother filed a compassionate appointment application on 18‑Jan‑2011, exceeding the one‑year limit by 2 months 27 days; the petitioner filed his own application on 16‑Sep‑2016 after attaining majority.
- Respondents argued that policy requires application within one year of death and no provision exists to keep a post vacant for a minor dependent; the family had survived 17 years.
Legal Reasoning
- The Court noted the policy limitation of one year and the absence of a provision for reserving a post for a minor.
- Citing Supreme Court judgment in State of Maharashtra v. Madhuri Vidhate (AIROnLine 2022 SC 471), the Court emphasized compassionate appointment is an exception intended for immediate relief, not for long‑elapsed cases.
- The Court also referred to Punjab State Power Corporation Ltd. v. Nirval Singh (2019) 6 SCC 774, highlighting that delay extinguishes the purpose of compassionate appointment and that new policy applies.
- The Court concluded that the petitioner’s claim lacks merit as the family has survived for 17 years and the application was untimely.
Final Outcome
- The petition is dismissed in its entirety.
- No order as to costs.
Topics: Compassionate Appointment, Employment Law, Public Utility