MANSOOR AHMAD MIR, P.S.RANA
Surinder Kumar – Appellant
Versus
State of H. P. – Respondent
Mansoor Ahmad Mir, C.J.
Batch of Letters Patent Appeals and Writ Petitions emanates from a policy, dated 18th January, 1990, framed by the State Government, for providing employment assistance on compassionate grounds to the dependant of a government servant, who dies in harness, leaving behind his family in immediate need of assistance, (hereinafter referred to as the Policy). Thus, all the appeals and the writ petitions were clubbed together and are being disposed of by this common judgment.
2. Before we deal with the Policy and the applicability thereof viz. a viz. to the facts of the each case, we deem it proper to find the origin and rationale behind granting compassionate appointment.
3. It is well settled principle of service jurisprudence that every appointment against a public post must be made strictly in consonance with the mandatory provisions of Articles 14 and 16 of the Constitution of India and as per the Rules occupying the field. Any selection/appointment made de hors the Rules, is illegal. However, an exception has been carved out for providing employment on compassionate ground. The aim and object of granting appointment on compassionate ground is to pr
Surinder Singh v. Engineerin- chief (1986) 1 SCC 639 : (AIR 1986 SC 584 : 1986 Lab IC 551).
D. S. Nakara v. Union of India (1983) 1 SCC 305 : (AIR 1983 SC 130 : 1983 Lab IC 1).
Punjab Water Supply & Sewerage Board v. Ranjodh Singh & Ors. 2006 (13) Scale 426.
State Bank of India v. Raj Kumar
Umesh Kumar Nagpal vs. State of Haryana and Others
State Bank of India and others vs. Jaspal Kaur
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