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HRISHIKESH ROY, PRASHANT KUMAR MISHRA
State of Himachal Pradesh – Appellant
Versus
Abhishek Kumar – Respondent
ORDER :
1. Delay condoned.
2. Leave granted.
3. Heard Mr. Ketan Paul, learned counsel appearing for the State of Himachal Pradesh (appellants).
4. The office report dated 31.01.2024 indicates that service was effected on the sole respondent but none has entered appearance on his behalf.
5. The respondent’s father Kuldeep Kumar passed away on 14.09.2017, while serving as a Grade-IV employee in the Civil Health Centre, Kangra. The respondent applied for compassionate appointment but the same was rejected by the authorities on the ground that the applicant exceeds the income criteria, specified in the 2019 Policy of the State Government.
6. In the resultant challenge, the Division Bench of the High Court however observed that the application for compassionate appointment should have been considered as per the prevalent policy, at the time of the death of the employee on 14.09.2017. With such a finding, the rejection order (dated 18.07.2020) issued by the Director Health Services was set aside and direction was issued to consider afresh, the claim for compassionate appointment of the respondent.
7. The learned counsel for the appellants would refer to the status report filed on 31.01.2024 to
The legal principle established is that claims for compassionate appointment must be evaluated based on the norms in effect at the time of application consideration, not the time of the employee's de....
Claim for compassionate appointment must be decided only on the basis of relevant scheme prevalent on date of demise of employee and subsequent scheme cannot be looked into.
Compassionate appointment is not a right and can only be granted under exceptional circumstances, as per the legal provisions and principles discussed by the court.
Compassionate employment is granted on humanitarian grounds and is not a vested right. The policy prevailing at the time of the deceased employee's death is crucial for determining compassionate appo....
The policy for compassionate appointment must evaluate criteria based on circumstances at the time of the employee's death, not subsequent income limits.
The compassionate appointment policy must be applied based on the conditions at the time of the employee's death, not retrospectively.
The applicable policy for compassionate appointment is the one in force at the time of the employee's death, not the date of application filing.
Compassionate ground is a concession and not a right – Whole object of granting compassionate employment is to enable family to tide over sudden crisis – Object is not to give such family a post much....
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