P&H HC rejected Compassionate appointment plea filed by individual whose father died in 1984 Operation Blue Star

punjab and haryana high court Law Insider

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Published on: December 18, 2023 at 18:15 IST

The Punjab & Haryana High Court has rejected a plea for compassionate appointment filed by an individual whose father reportedly died during the 1984 Operation Blue Star.

The Court, led by Justice Sanjeev Prakash Sharma, emphasized that compassionate appointments are specifically intended to address “immediate financial difficulties.”

Highlighting that the petitioner came of age in 1998 and that over 20 years had elapsed since the rejection of his case, Justice Sharma remarked that compassionate appointment cannot be granted after such a prolonged period.

The court clarified that while compassionate appointment is not a regular mode of appointment, it is granted to dependents of deceased government servants to alleviate immediate financial challenges, which the petitioner was not currently facing.

The case stemmed from a writ petition filed in 2013, urging the union government to appoint the petitioner on compassionate grounds due to his father’s demise during Operation Blue Star at Golden Temple, Amritsar, in 1984.

The petitioner, who was a minor at the time, sought compassionate appointment based on a government circular offering such appointments to dependent family members of individuals killed in terrorism or riots.

The petitioner’s representation was rejected by the respondents, asserting that individuals who died during Operation Blue Star did not fall under the category of those killed in terrorism or riots. Without definitively addressing whether such appointments were available for families affected by Operation Blue Star, the court emphasized the considerable lapse of time and dismissed the writ petition.

This decision aligns with the Supreme Court’s stance in the State of West Bengal v. Debabrata Tiwari And Ors. Etc, affirming that compassionate appointment is not an inherent right.

The Court stressed the need for immediacy in processing such applications and pursuing cases before authorities and the courts.

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