IMPORTANT POINT
Object of providing appointment on compassionate ground is to provide ameliorating relief and should not be taken as opening an alternative mode of recruitment to public employment.

JUDGMENT

Thomas, J.-Leave granted.

2. This appeal by the Haryana State Electricity Board ( the Board for short) is in challenge of the order of the High Court of Punjab and Haryana declaring that respondent is entitled to be considered as eligible for appointment in the employment of the Board on compassionate grounds.

3. The facts leading to this appeal are the following :

Father of the respondent one Hakim Singh was a Lineman in the employment of the Board. He died on 24.8.1974 in harness leaving behind him his widow and minor children including the respondent. About 14 years after the death of Hakim Singh his widow applied for appointing her son (the respondent) in the employment of the Board on compassionate grounds mainly basing on two circulars issued by the Board, one on 26.9.1985 and the other, in partial modification of the earlier, on 1.10.1986. As per the said circulars one member of the family of the deceased employee could be considered for employment in the service of the Board as a goodwill gesture, provided request for such employment is made within one year of the death of the employee.

4. Respondent who filed the writ petition in the High Court submitted that when his father died he was only four years old and hence his mother could make the application in the prescribed form only when he attained majority and that the Board has not given any favourable response to the repeated representations made in this matter. The Board took the stand that as the application was not made within the period specified in the circulars the Board was unable to entertain the request for employment on compassionate ground. While resisting the writ petition the Board cited the decision of the same High Court dated 18.1.995 in Sohan Lal v. HSEB, in support of their stand.

5. Learned Single Judge of the High Court distinguished Sohan Lal s case on the premise that the claimant therein waited for five years after attaining majority and that made him disentitled to employment on compassionate grounds, whereas in the present case the request was made soon after respondent attained majority. Learned Single Judge found support from three other decisions of the High Court as the facts therein were more comparable with the facts in this case. The extended period of three years indicated in the circular has been interpreted by the High Court to mean in the case of a minor child as applicable from the date he became a major. High Court has observed that "this is the only possible way to give effect to the policy of giving employment to the deceased employee where his dependants happen to be minor children." Accordingly, learned Single Judge allowed the writ petition and directed the Board to entertain the claim of the respondent.

6. Though the Board has filed an appeal before a Division Bench of the High Court the same was dismissed summarily. However, the Division Bench granted further period of three months to the Board to comply with the directions issued by the learned Single Judge.

7. During consideration of the Special Leave Petition an endeavour was made to have the matter otherwise settled between the parties. But learned counsel for the Board, after taking instructions, submitted to us that a decision on the legal position is very much warranted from this Court as large number of similar claims are pending consideration before the Board.

8. The rule of appointments to public service is that they should be on merits and through open invitation. It is the normal route through which one can get into a public employment. However, as every rule can have exceptions, there are a few exceptions to the said rule also which have been evolved to meet certain contingencies. As per one such exception relief is provided to the bereaved family of a deceased employee by accommodating one of his dependants in a vacancy. The object is to give succour to the family which has been suddenly plunged into penury due to the untimely death of its sole bread-winne