Compassionate Appointment III

In service jurisprudence, retrospective seniority cannot be claimed from a date when an employee is not even borne in service. It is also necessary to bear in mind, retrospective seniority, unless directed by Court or expressly provided by applicable Rules, should not be allowed. As in so doing, others who had earlier entered service will be impacted.

The compassionate appointment is not being questioned here. There is a claim for seniority benefit.

Seniority balance cannot be tilted against those who entered service much before. Seniority benefit can accrue only after a person joins service. The principles enunciated in Shitla Prasad Shukla v. State of U.P., (1986) (Supp.) SCC 185 are applicable. To say benefits can be earned retrospectively, would be erroneous. Such view was expressed most recently in Ganga Vishan Gujrati v. State of Rajasthan, (2019) 16 SCC 28.

Arbind Jee has slept over his rights and never earlier pointedly addressed his present claim. Moreover, his was a compassionate appointment without any element of competitive recruitment where similarly recruited have stolen a march over him. Therefore, C. Jayachandran v. State of Kerala, (2020) 5 SCC 230 will be of no assistance.

Hon’ble Justice Hrishikesh Roy, State of Bihar v. Arbind Jee, [Civil Appeal No. 3767 of 2010].