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SATYEN VAIDYA
Shyam Singh – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
Satyen Vaidya, J.
By way of instant petition, the petitioner has prayed for following substantive relief:-
2. The father of petitioner was Chowkidar in respondent No.2-Corporation and had died in harness in the year 2003. Petitioner applied for compassionate appointment to respondent No.3. His case remained pending and vide letter dated 14.06.2017 Annexure P-1, he was required by respondent No.2 to complete the necessary formalities. Needful was done by him and Board of Directors of respondent No.2, in its meeting held on 27.09.2017, approved the proposal for petitioner's appointment on compassionate ground. The minimum educational qualification for the post of Beldar-cum-Chowkidar in respondent No.2-Corporation was middle pass and since the petitioner lacked such qualification, his case was referred to respondent No.1 for relaxation. Subsequently, petitioner received communication dated 23.03.2020 (Annexure P-3) from respondent No.3 which was addressed to the Special Secretary (Industries), to the Government of Him
Rules for compassionate appointment were amended vide office memorandum and provision for relaxation in minimum educational qualification was omitted.
Compassionate appointment – Case of a candidate for appointment on compassionate grounds has to be assessed in terms of the scheme/circular prevalent as on the date of death of the deceased- employee....
Compassionate appointment - Government Resolution - Petitioner was 8th standard pass and educational qualification at relevant point of time was 4th standard pass and subsequently he acquired qualifi....
The policy in force at the time of consideration, not application, is relevant for grant of compassionate appointment.
Rule (5) of the aforesaid Rules, 1974 it does not contain any such stipulation that the educational qualification should be fulfilled by such dependent of a deceased employee on the date of death of ....
The main legal point established in the judgment is that compassionate appointment cannot be claimed as a matter of right, but if an applicant is bona fide and fulfills the necessary qualifications, ....
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