Compassionate appointment to a family member after the death of an employee is intended only for mitigating immediate hardship and inordinate delay in making claims does not entitle the dependants to avail such benefits if they were able to make their ends meet for many years, the Armed Forces Tribunal (AFT) has ruled.Dismissing the plea filed by the son of a deceased soldier seeking compassionate employment, the Tribunal’s Bench comprising Justice Rajendra Menon and Administrative Member Rasika Chaube observed that the applicant’s father died in May 1989 and as per his own submissions, his mother initiated efforts for compassionate appointment only around 2005 and a formal application was made only in June 2018.Also read: Explainer: Deficiency of judges, inadequate powers bog down AFTPension can be stopped at time of initiating departmental action itself in serious cases: AFTAFT upholds court martial proceedings against colonel accused of corruptionIAF promotion policy cannot be struck down merely because there is no vacancy: AFTHolding that delay in seeking compassionate appointment defeats the very purpose of such a scheme, the Bench ruled that compassionate appointment is an exception to the general rule of equality in public employment under Article 14 of the Constitution and is not a matter of right but a concession extended to mitigate immediate hardship.“It is evident that the family has survived for decades after the demise of the deceased employee and the applicant completed his education up to graduation without immediate financial assistance. We may also take note of the fact that the applicant’s father was a retired employee of the Indian Army and after his death, the family has been in receipt of a family pension,” the Bench said.Promote superseded JCO retrospectively, reinstate him in Army: Armed Forces TribunalAFT rules no income limit if deceased soldier’s mother is sole recipient for family pensionAFT quashes action against officer accused of extra-marital affair, says interim orders are no basisBrigadier’s 17-year wait ends: Tribunal orders notional promotion to Major GeneralDuring arguments, the Army drew attention to a policy of 1998 which provides that compassionate appointment is subject to the condition that the family is in indigent circumstances and requires financial assistance. A subsequent policy issued in 2022 stipulates that belated requests cannot be entertained.The Bench also referred to an earlier judgement of the Supreme Court involving the Haryana State Electricity Board, which said that a minor cannot claim compassionate appointment after attaining majority following a long lapse of time, which in that particular case was 14 years.Factors crystallised by the Apex Court to be borne in mind while considering such claims provide that compassionate appointment must be preferred without undue delay and must be considered within a reasonable period of time.Further, it has been emphasised that compassionate appointment is intended to meet the sudden crisis arising in a family due to the death of the breadwinner while in service and therefore, granting such appointment as a matter of course, irrespective of the financial condition of the deceased’s family and after a long lapse of time, is not the intention of the policy.