The main legal point established in the judgment is that the purpose of compassionate appointment is to alleviate financial distress, and the petitioner's belated endeavor for compassionate appointment was beyond the ambit of this purpose.

JUDGMENT

Sureshwar Thakur, J. - The mother the writ petitioner, one Kala Devi, died in harness on 18.10.1997. The petitioner, upon, occurrence of demise, in harness of his mother, proceeded to, as revealed by Annexure A-1, obtain an affirmative verdict, from the court of learned Senior Sub Judge, Mandi, upon, his petition, cast under Section 372 of the Indian Succession Act. The legal fallouts of Annexure A-1, are, that the petitioner became bestowed with all the monetary entitlements of his deceased mother one Kala Devi, inasmuch, as, he became entitled to GPF, ex-gratia, gratuity, and, pension.

2. At time of occurrence of demise in harness, of Kala Devi, the father of the petitioner, one Balwant was alive, and, he was in a regular service, as, a driver with the HRTC. Balwant expired on 21.04.2008

3. Since, the writ petitioner became declared through Annexure A-1, to be the legal heir of his deceased mother Kala Devi, hence, he preferred an application before the respondents concerned, for, seeking his appointment on a compassionate basis. Though, the writ petitioner in quick sequel to the occurrence of demise, in harness, of his mother Kala Devi, applied to the respondents for his being given an appointment on a compassionate basis. However, as disclosed by a letter addressed to the writ petitioner, on 23.8.2015, his afore endeavour became declined. The writ petitioner did not halt his efforts to secure the aspired compassionate appointment, on demise in harness, of his mother, and, proceeded to, to the afore effect make an application, on 22.07.2015, to the respondents/Corporation. However, as disclosed by communication supra, as became addressed to him, his afore request became declined. Consequently, the writ petitioner seeks the making of a mandamus, upon, the respondents, to give him compassionate appointment w.e.f. 1.5.1998, whereat his mother one Kala Devi died in harness.

3. The purpose of meteing compassionate appointment to the apposite legal heirs, and, as is spelt out in the policy drawn for the afore purpose by the respondents is to alleviate the financial distress, hence, befalling upon the legal heirs, upon, occurrence of demise in harness, of their predecessor-in-interest. However, the afore salient purpose, behind the policy, as, drawn, for granting the benefit of compassionate appointment, to the legal heirs, of their apposite predecessor-in-interest, who dies in harness, is, completely, unavailable to the legal heirs concerned, (i)upon, material demonstrating that, in contemporaneity to the occurrence of demise, in harness, of his predecessor-in-interest, he was financially empowered, and, concomitantly was able to mitigate the financial distress as became beset upon him. In the afore context, it is evident from Annexure A-1, Annexure whereof, is, an affirmative order, made on the petitioner's application, seeking grant of succession certificate to him, on the ground of a Will executed, in his favour by his deceased mother, one Kala Devi, that the testatrix bequeathed, vis-a-vis, the writ petitioner all the monetary entitlements, as, arising and appertaining to her gratuity, GPF, ex-gratia and pension. The writ petitioner has not been able to bring on record any material, rather suggestive that the afore succession certificate, as, became granted to him, through an order embodied in Annexure A-1, was never implemented by the respondents. The afore failure on the part of the writ petitioner, facilitates this Court to draw an inference, that substantial sum(s) of monetary benefits, became bestowed upon the petitioner, by the respondents. However, even if, the afore monetary entitlements bestowed, upon, the writ petitioner, were minimal or scanty, and, that they were obviously not sufficient to enable him to cope with the distress which beset upon him, thereupon, the petitioner was required to place on record cogent material, in display that given the monetary encumbrances, upon, him, in a scale higher than mone