ABHAY S. OKA, AHSANUDDIN AMANULLAH, AUGUSTINE GEORGE MASIH
Tinku – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
AUGUSTINE GEORGE MASIH, J.
1. This Appeal has been preferred by the son of Shri Jai Prakash, a deceased constable in Haryana Police, seeking appointment on compassionate grounds, as his father and another constable died while on duty on 22.11.1997. The Appellant then was seven years of age, and the policy which was in force was dated 08.05.1995 which provided for ex-gratia appointment confined to Class III and IV posts. The widow of Balwan Singh, the other police constable, who died along with the father of the Appellant, was granted compassionate appointment as a constable upon her application.
2. The mother of the Appellant, being illiterate, could not seek an appointment for herself and therefore applied for compassionate appointment for her son, the Appellant herein. A letter from the Director General of Police, Haryana (hereinafter referred to as “DGP”) dated 15.04.1998 was received by the Superintendent of Police on 20.04.1998 directing the name of the Appellant, Tinku, son of deceased Constable Jaiprakash, to be entered in the Minor’s Register No. 47. This indicated the intention of the authorities of reserving one post for grant of employment to the Appellant at a l
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(1) Right to Equality – Very idea of equality enshrined in Article 14 is a concept clothed in positivity based on law – It can be invoked to enforce a claim having sanctity of law – No direction can ....
Compassionate appointment is an exception and not a matter of right, and should be considered within a specific time frame as per the prevailing policy at the time of consideration.
Compassionate appointments must be made promptly following a breadwinner's death; delayed applications undermine their purpose.
Compassionate appointment is a privilege not a right, requiring timely application under applicable policy.
Compassionate appointment is a concession, not a legal right, and requires compliance with specific provisions while emphasizing immediate application to demonstrate need.
Point of Law : As more than 30 years have passed since the father of the petitioner/appellant had expired, neither there is any useful purpose to issue any positive direction, nor the facts of the ca....
Compassionate appointment cannot be claimed as a right and must adhere to the governing scheme, especially after an ex-gratia payment has been received.
Grant of compassionate appointment - Purpose of compassionate grounds appointments to tide over sudden crisis resulting from death of earner in a family. However reservation of a vacancy to enable su....
The compassionate appointment under the Die-in-Harness Scheme requires strict adherence to age and application timelines, negating claims based on delays beyond stipulated periods.
Compassionate appointment is an exception to the general rule and is meant to provide immediate help to the family of the deceased breadwinner. Appointment on compassionate ground is a concession and....
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