4-year delay after brother’s death: Calcutta HC slams ‘apathy’ over compassionate job

The Calcutta High Court was dealing with a plea of a man seeking compassionate appointment. (AI-generated Image)

Observing that the authorities cannot be permitted to act with such “apathy” in a case of compassionate appointment, the Calcutta High Court has set aside an order rejecting a man’s application for compassionate appointment following his father’s death and directed authorities to reconsider the petitioner’s application.

Justice Reetobroto Kumar Mitra was dealing with a plea of Lakshman Dome, the elder son of a deceased West Bengal government employee, seeking compassinate appointed after his father’s death.

“The authorities cannot be permitted to act with such apathy in a case of compassionate appointment. The entire purpose of the grant of compassionate appointment is to ensure that the family of a deceased employee survives with dignity,” the court said on September 8.

The order underscored that this purpose is completely obliterated by the authorities, keeping an application for compassionate appointment pending for a period in excess of three and a half years. “The apathy is such that during the pendency of the application of the younger son, he expired,” it said.

“It may be a travesty of the circumstances and situation, but it also cannot be denied that the authorities have contributed to such a travesty by their abject apathy towards the situation,” the court remarked.

Petitioner challenged four-year appointment delay

The petitioner’s father, who was a West Bengal government employee, passed away on September 28, 2020. In December 2020, the deceased employee’s wife nominated her younger son for a job on compassionate grounds.

The petitioner’s application was rejected on December 5, 2024, citing that the application of the petitioner, relating to his father, was made after a lapse of four years and thus could not be entertained. The petitioner challenged this rejection in the high court.

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The government authorities had not made a decision on the petitioner’s application for four years. During this prolonged delay, the younger son passed away in September 2023. Following the younger brother’s death, the petitioner (the elder son) submitted his own application for compassionate appointment. An enquiry report in July 2024 showed that he was fully qualified for the job.

Rejection unjust, unfair: Order

The court observed that rejecting the petitioner’s application based strictly on the timeline was unjust and unfair, as he could not have applied prior to his younger brother’s death in September 2023.

It pointed out that the period between December 2020 and September 2023 was caused by the government’s inaction on the younger brother’s application and cannot be used as a time-bar penalty against the petitioner.

Since the rejection was based solely on delay rather than eligibility, the court ruled that the state must evaluate the petitioner’s application afresh on its merits without insisting on the time limits.

Jagriti Rai works with The Indian Express (Digital), where she writes from the vital intersection of law, gender, and society. Working on a dedicated legal desk, she focuses on translating complex legal frameworks into relatable narratives, exploring how the judiciary and legislative shifts empower and shape the consciousness of citizens in their daily lives. Expertise Socio-Legal Specialization: Jagriti brings a critical, human-centric perspective to modern social debates. Her work focuses on how legal developments impact gender rights, marginalized communities, and individual liberties. Diverse Editorial Background: With over 4 years of experience in digital and mainstream media, she has developed a versatile reporting style. Her previous tenures at high-traffic platforms like The Lallantop and Dainik Bhaskar provided her with deep insights into the information needs of a diverse Indian audience. Academic Foundations: Post-Graduate in Journalism from the Indian Institute of Mass Communication (IIMC), India’s premier media training institute. Master of Arts in Ancient History from Banaras Hindu University (BHU), providing her with the historical and cultural context necessary to analyze long-standing social structures and legal evolutions. ... Read More