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2015 Supreme(HP) 1154

MANSOOR AHMAD MIR, P.S.RANA
Surinder Kumar – Appellant
Versus
State of H. P. – Respondent


Advocates Appeared:
Mr.Bimal Gupta, Ashwani Pathak, Mr.Sanjeev Bhushan, Ms.Jyotsna Rewal Dua, Ms.Ranjana Parmar, Mr.Satyen Vaidya, Senior Advocates, with Mr.Satish Sharma, Ms.Komal Chaudhary, Ms.Abhilasha Kaundal, Ms.Sahalini Thakur, Advocates, M/s Dushyant Dadwal, G.R. Palsara, Trilok Jamwal, Archna Dutt, M.L. Sharma, M.C. Verma, Neel Kamal Sood, Naresh Verma, Lalit K. Sharma, Nitin Thakur, Jeevesh Sharma, P.P. Chauhan, Surender Sharma, Rahul Mahajan, B.N. Bhardwaj, Digvijay Singh, Rakesh Kumar Dogra, V.B. Verma, Jivender Katoch, Anu Azta, Parmod Negi, Arvind Sharma, Y.S. Thakur, Avneesh Bhardwaj, Salochana Kaundal, Jagdish Thakur, Vijay Bhatia, Sanjay Jaswal, Vikas Rajput, Lokender Pal Thakur, V.S. Rathore, Ranjan Sharma, Ashok Thakur, Naresh Kaul, Adarsh Kumar Vashisht, Raj Pal Thakur, Ramesh Sharma, R.L. Chaudhary, Sandeep Kumar Chauhan, Arush Matlotia, V.D. Khidta, Varun Chandel, Vikrant Chandel, Naveen Kumar Bhardwaj, Shyam Singh, Daleep Singh Kaith, Sharmila Patial, Tarun Kumar Sharma, Javed Khan, S.C. Sharma, Devinder Chauhan Jaita, Sandeep Kumar Pandey, B.B. Vaid, Balwant Singh Thakur, B.N. Sharma, Anjali Soni Verma, Ashwani Gupta, L.N. Sharma, Gaurav Sharma, Diwan Singh Negi, Rajinder Singh Thakur, P.D. Nanda, Rupesh Sharma, Dalip Kumar Sharma, Surender Saklani, Raman Jamalta, Bhuvnesh Sharma, Ashok Kumar Tyagi, Pawan Gautam, Shashi Kiran and Kamlesh Shandil, Advocates, for the respective parties.
Mr. Shrawan Dogra, Advocate General with Mr. V.S. Chauhan and Mr. Romesh Verma, Additional Advocate Generals, for the State.
Mr.Ashok Sharma, Assistant Solicitor General of India, with Mr.Nipun Sharma, Advocate, for the Union of India.

JUDGMENT :

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






























































































































































































































































































































































































































































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