N.P.SINGH, P.B.SAWANT
Umesh Kumar Nagpal: Anil Malik – Appellant
Versus
State Of Haryana – Respondent
Judgment
SAWANT, J.- These two petitions are directed against the decision dated 18-12-1992 of the Division Bench of the Punjab & Haryana High Court in Letters Patent Appeal No. 734 of 1992 and CWP No. 6357 of 1992. Since they raise a point of considerable importance, it has become necessary to deliver a short judgment while dismissing them at the admission stage.
2. The question relates to the considerations which should guide while giving appointment in public services on compassionate ground. It appears that there has been a good deal of obfuscation on the issue. As a rule, appointments in the public services should be made strictly on the basis of open invitation of applications and merit. No other mode of appointment nor any other consideration is permissible. Neither the Governments nor the public authorities are at liberty to follow any other procedure or relax the qualifications laid down by the rules for the post. However, to this general rule which is to be followed strictly in every case, there are some exceptions carved out in the interests of justice and to meet certain contingencies. One such exception is in favour of the dependants of an employee dying in harness and l
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