The main legal point established in the judgment is that an employee is entitled to grant of employment on compassionate ground as per the policy of the Corporation, and the employer cannot take advantage of its own wrong.

A.B. CHAUDHARI, J.

1. By the present intra court appeal the appellant-Sanjeev Kumar has put to challenge the judgment and order dated 21.04.2014 passed in CWP No. 2841 of 2014, by which the relief claimed by the appellant herein for grant of appointment on compassionate ground, was declined.

2. The admitted facts are as under :

Late Sh. Hari Ram father of the appellant, was working as Assistant Lineman with the respondent-Punjab State Electricity Corporation Limited, Patiala (in short, the Corporation). While he was on duty due to carelessness of another employee Balwinder Singh, SSA, he died and a criminal case was also registered against Balwinder Singh. Balwinder Singh prevailed upon the mother of the appellant that the appointment on compassionate ground would be given to appellant if criminal proceedings against him were withdrawn and accordingly the mother of the appellant did not pursue the criminal proceedings with a sanguine hope to gain appointment on compassionate ground for the appellant. Thereafter the appellant filed application for appointment on compassionate ground on 03.11.2009. There was no response to the said application and as late as on 11.03.2013 a letter was issued to the appellant by the Corporation that the application was disposed of by giving special benefit to the widow of the deceased by sanctioning Rs. 3,00,000/-. Thus the response came only after four years. The appellant therefore sent a legal notice dated 08.08.2013 to the Corporation, asking them to provide employment to the appellant on compassionate ground. Since nothing was done by the Corporation the appellant filed CWP No. 2841 of 2014, which was decided by the impugned judgment and order dated 21.04.2014, which is under challenge in the present appeal.

3. There is an affidavit in response to the LPA filed by Er. K.D. Chaudhari, Managing Director of the Corporation and it is interesting to note paragraph 3 of the said affidavit. Paragraph 3 says that on 23.11.2004 the policy not to grant compassionate appointment but to grant solatium, was introduced. With effect from 16.04.2010 the erstwhile Punjab State Electricity Board was divided into two separate corporations and a choice was given at that time either to opt for compassionate appointment or solatium. The circular was made effective from 16.04.2010 and it covered the cases after 16.04.2010. It is also stated in paragraph 3 of the affidavit that the policy dated 23.11.2004 regarding award of solatium was stopped by circular dated 04.03.2013 and only appointment on compassionate ground was contemplated in case of death of employee while on duty. It is thus stated in paragraph 3(d) of the affidavit that after 16.04.2010 in view of the change in the policy i.e. to provide appointment on compassionate ground, in total 2482 cases of dependants of the deceased employees have been given job on compassionate ground.

4. The learned counsel for the respondent-Corporation while vehemently opposing the appeal submitted that the date of death of the employee and in this case father of the appellant namely, 23.06.2009 would decide which policy would apply. We reject this argument outright. Firstly because there is no any such stipulation in the policy itself anywhere. Secondly, it sounds absurd that the date of death of the employee would be relevant.

5. As a matter of fact, we find in the present case that the application for appointment was made on 03.11.2009 but there was no reply for almost four years and thereafter by reply dated 11.03.2013 the request for appointment on compassionate ground was declined. Now, when the decision, not to grant employment on compassionate ground, was taken and communicated to the petitioner, what was in force, was the policy to provide employment on compassionate ground that was inserted w.e.f. 16.04.2010 and the policy dated 23.11.2004 regarding grant of solatium was retrospectively stopped by circular dated 04.02.2013, while the application for request of