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Punjab & Haryana HC: Appointment on compassionate basis not an alternate source of recruitment

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Mitali Palnitkar

Published On: January 14, 2022 at 15:56 IST

An appointment made on compassionate basis cannot be an alternative of recruitment, clarified the Punjab and Haryana High Court. It also clarified that such manner of employment was not a vested right and could not be exercised.

The Bench hearing the Case comprised of Chief Justice Ravi Shanker Jha and Justice Arun Palli. The Appellant was a 29-year-old man, Gagandeep Singh. His father had passed away when he was four-year-old. Singh filed an Appeal against the State of Punjab and other Respondents subsequent to the dismissal of his Plea by a Single Judge.

The Bench was addressing the question whether the Appellant possessed the hereditary right to be appointed upon attaining majority. The Bench was of the opinion that one did not possess any such right.

After referring to various Supreme Court and High Court Judgments, the Bench stated that there was no rule or provision to consider a minor’s claim upon attaining majority in the ‘Scheme for Compassionate Appointments – 2002’.

The Bench observed that the Appellant had to bear a lot upon his father’s death but there were limited factors to consider a claim for appointment on compassionate basis. It also highlighted that the Appellant’s mother was employed at the time of death of his father. Also, the Appellant had completed a Diploma and had also acquired a Degree.

The Bench concluded, “He was 4-year-old when his father died and is over 29 years of age today. The position of law is settled that appointment on compassionate basis is not an alternate source of recruitment. Nor does the consideration for such employment is a vested right, which can be exercised any time in future. In the wake of the position, as sketched out above, we are dissuaded to interfere with the impugned order and judgment rendered by the Single Judge. The Appeal being bereft of merit is accordingly dismissed.”