Jodhpur: The Rajasthan High Court has dismissed a woman’s plea for compassionate appointment, holding that while being a minor at the time of a government employee’s death may explain the initial delay, it cannot justify prolonged inaction after attaining majority.
Justice Nupur Bhati upheld the rejection of Khushi Tarwadi’s application after finding that she applied nearly 20 months after becoming a major, without establishing any exceptional circumstance for condoning the delay.
Khushi’s elder brother, a Safai Karmchari with Nagar Parishad, Rajsamand, died in service in January 2017 due to cardiac arrest. As she was only 12 years old, no application was filed at the time.
After attaining majority in January 2023, she applied for compassionate appointment in December 2024, but her claim was rejected as time-barred.
The petitioner argued that her minority, her mother’s illiteracy, and the family’s financial hardship entitled her to relaxation under the Rajasthan Compassionate Appointment Rules, 1996.
However, the Court held that the power to relax the time limit is an exceptional discretionary power, and that financial hardship alone cannot constitute an exceptional circumstance.
The Court also held that the Government Circular dated June 22, 2015, was inapplicable and distinguished the earlier Bharat Kumar ruling. Relying on the Supreme Court’s decision in State of Himachal Pradesh v. Shashi Kumar, The Court said compassionate appointment is meant for immediate financial relief and cannot be granted after an undue delay without exceptional reasons. It therefore dismissed the writ petition.