Once compassionate appointment accepted per applicable policy, no claim for change to higher post or regularisation permissible; leads to 'endless compassion'. Belated claims after years barred by delay and laches.

Ranjan Sharma, J.

Petitioner, Surinder Kumar, had initially filed Civil Writ Petition No.7915 of 2012 and upon establishment of Learned State Administrative Tribunal, the same was transferred to Tribunal; and upon abolition of Tribunal, the same stands re-transferred to this Court as CWPOA No.2668 of 2019, praying for following relief(s):

(i). That writ in the nature of mandamus may very kindly be issued directing the respondents to consider the case of the petitioner for the post of Clerk as well as for the post of Peon from the date, when other persons have been appointed. The respondents may kindly be directed to consider the case of the petitioner with effect from 2004 and seniority may also be given to the petitioner.

(ii). That the respondents may kindly be directed to give all consequential benefits accrued from the date, when other persons have been appointed on regular basis on compassionate grounds.”

FACTUAL MATRIX:

2. Matter relates to the prayer for compassionate appointment.

2(i). Prayer of the petitioner is for directing the respondents to consider his case for appointment for the post of Clerk or for the post of Peon on compassionate grounds w.e.f. 2004 with seniority by way of instant petition, which was filed on 05.09.2012.

2(ii). Reply-Affidavit indicates that father of the petitioner died on 14.05.2004 while serving as a work charge Pump Attendant under Executive Engineer, IPH, Division Baddi. It is averred that the present petitioner applied for job and his case was sent to the Superintending Engineer, IPH, Circle Sundernagar, on 28.06.2006 and in view of the policy dated 16.08.2005 the competent authority gave approval for appointing the petitioner as a Beldar on Daily Wage basis on 01.07.2006 [Annexure R-II].

2(iii). Reply-Affidavit further indicates that pursuant to the approval, the Appointment Letter was issued to the petitioner appointing him as Daily Wage Beldar on 03.07.2006 [Annexure R-III] of the petitioner has joined as Beldar on daily wage basis on 05.07.2006.

3. Heard, Ms. Salochna Kaundal, Learned Counsel for the petitioner, and Mr. Sumit Sharma, Learned Deputy Advocate General, for the respondents and have gone through the material on record.

CLAIM FOR CHANGE IN APPOINTMENT DEHORS SCHEME IMPERMISSIBLE:

4. Taking into account that petitioner’s father Late Shri Rattan Chand while working as Work Charge Pump Attendant died on 14.05.2004. While the claim was pending, the State Government amended the policy dated 18.01.1990 on 16.08.2005, inserting Clause 2(b)(ii), which reads as under:-

“Government of Himachal Pradesh

Department of Personnel

Appointment-II

No.Per (AP-II) F (4)-4/89-V, Dated Shimla-171002 16th August, 2005.

Office Memorandum

Subject: Appointment of sons/daughters/near relations of a Government servant who dies in harness leaving his family in immediate need of assistance-modification thereof.

xx…x…xx

Accordingly, para 2(b) of this Department O.M. of even number dated 18.01.1990 may be deemed to have been amended as under:-

“2(b)(ii) A work Charge/Beldar on daily wages with 7 years continuous service who dies in harness, one dependent may be appointed on daily wages. Appointment will be done by Deputy Commissioners, Superintending Engineers of Public Works Department, Irrigation & Public Health Department, H.P.S.E.B. Conservators of Forest, Chief Medical Officers, Deputy Director of Horticulture/Agriculture Department and other equivalent Regional/District Level Officers as the case may be.

These instructions will come into force with immediate effect.

Principal Secretary (Personnel) to the Government of Himachal Pradesh.”

Perusal of Clause 2(b)(ii) provides that in case of death of a work charge beldar or a daily wager having rendered seven years continuous service dies in harness, theref