Chandigarh, January 13, 2022
The Punjab and Haryana High Court has made it clear that appointment on compassionate basis was not an alternate source of recruitment. The Bench also made it clear that consideration for such employment was not a vested right, which could be exercised at any time in future.
The direction by the Bench of Chief Justice Ravi Shanker Jha and Justice Arun Palli came in a case of a 29-year-old youngster, who was just 4 when his father passed away. The Bench observed a significant question before it was whether the appellant-youngster possessed indefeasible or hereditary right to seek appointment upon attaining majority, even though he was a minor, being 4 years of age at the time of his father’s death. The answer, the Bench added, was “no”.
The matter was brought to the High Court’s notice after Gagandeep Singh filed an appeal against the state of Punjab and others respondents following the dismissal of his plea by a Single Judge. Referring to a plethora of Supreme Court and High Court judgments, the Bench asserted neither any rule, nor any provision in the “Scheme for Compassionate Appointments-2002”, was referred to, which provided for consideration of a minor’s claim upon attaining majority.
The Bench observed the void the appellant, and his mother, had to bear with upon his father’s death could never be filled. But, there were certain factors that assumed significance upon analysing the position from a limited standpoint of considering a claim for appointment on compassionate basis.
Elaborating, the Bench asserted a quarter of a century had gone by post death of the appellant’s father. His mother was already employed as Punjabi Mistress at the time of her husband’s death. She retired from service in December 2020. Concededly, the appellant qualified matriculation from the Punjab State Education Board in 2008, and completed Diploma in Mechanical Engineering from the Punjab State Board of Technical Education and Industrial Training in December 2011. He even acquired a degree in Bachelor of Technology in Computer Science and Engineering from Punjab Technical University, Jalandhar.
