The policy for compassionate appointment must evaluate criteria based on circumstances at the time of the employee's death, not subsequent income limits.

JUDGMENT :

Jiya Lal Bhardwaj, J.

By way of present petition, the petitioner has laid challenge to the communication dated 05.05.2015 (Annexure A-8), whereby the claim of the petitioner, for appointment on compassionate ground, has been rejected on the ground that as per the criteria prevailing on the date of application, the income limit was Rs.1,00,000/- per annum for a family of 04 members, however, in case of the petitioner, the family income of the deceased employee was exceeding the maximum PCI income ceiling fixed for compassionate employment.

2. Shorn of unnecessary details, the undisputed facts of the case are that the father of the petitioner was appointed as Drawing Teacher at Government Middle School Keori under complex GSSS Bir, District Kangra on 11.12.1998, who died on 02.08.2008. After his death, the respondents had granted family pension to the mother of the petitioner w.e.f. 01.03.2008 to 28.02.2009 of Rs.60,110. The respondents under the policy of Compassionate Appointment had offered the appointment to the mother of the petitioner, however, due to ill health, she had requested to offer the appointment to the petitioner and had submitted the affidavit before the competent authority. The petitioner thereafter had applied for compassionate appointment with the respondents, however, when no action was taken, the petitioner was compelled to approach this Court by way of writ petition bearing CWP No.6888 of 2014, titled, Vikas Thakur vs. State of H.P. & others, wherein directions were issued to the respondents to consider the claim of the petitioner for compassionate appointment and as per communication dated 05.05.2015, his claim came to be rejected on the ground that as per the certificate of year 2011 submitted by the petitioner, his income from all sources was Rs.1,45,240/- per annum and from pension, it was Rs.1,13,820/- per annum, for the year 2009-10. As per the policy of Compassionate Appointment, the income of the family at the time of application has to be taken into consideration for deciding the entitlement. The application was made on 06.08.2009 and as per the criteria prevailing on the date of application, the income limit was Rs.1,00,000/- per annum for a family of 4 members. However, the income of the family of the petitioner is more and further as per the judgment of the Hon’ble Supreme Court, the pension has to be taken as income of the family of the deceased. The petitioner has placed on record the income certificate dated 27.11.2008, in which the income of the petitioner, from all sources have been depicted and shown as Rs.98,000/- per annum (page 52). It has been averred in the petition that the appointment on compassionate grounds is to be offered to a dependent of deceased is an exception and once the respondents had offered the appointment to the mother of the petitioner in the year 2008, when their income was Rs.98,000/- and criteria fixed was Rs.1,00,000/-, who was unable to do job due to her illness, the claim of the petitioner ought not to have been rejected.

3. The respondents filed reply to the petition. Respondents No. 4 & 5 have averred that the cases of appointment on compassionate ground are being decided on the basis of indigent as well as economic status of the family of the deceased Government employee and the same cannot be claimed as a matter of right. It has also been averred that at the time of submission of the application by the petitioner, the instructions dated 18.01.1990 were in existence. As per the income certificate furnished by the petitioner, income of the family of the petitioner was Rs.98,000/-, however as per the instructions issued by