Appointment on compassionate basis is not a vested right and is aimed at protecting the family from financial destitution. There is no inherent right to appointment on compassionate basis, and it is based on certain criteria to provide support to a needy family.

JUDGMENT

Lisa Gill, J. - This matter is being taken up for hearing through video conferencing due to outbreak of the pandemic, COVID-19.

2. This petition has been filed for setting aside order dated 21.09.2020 (Annexure P-39), passed by respondent no.2, whereby petitioner's claim seeking appointment on compassionate ground, has been rejected.

3. Brief facts necessary for adjudication of this case are that petitioner's father was working as Instructor at the Industrial Training Institute, Budhlada. He unfortunately passed away on 19.10.1996, while in service. Petitioner, whose date of birth is 22.09.1992, was merely 4 years old at that time. Petitioner's mother at that point of time was working as Punjabi Mistress with the Government Girls Secondary Secondary School, Budhlada. Petitioner completed his matriculation in the year 2008 and completed Diploma in Mechanical Engineering in December, 2011 from the Punjab State Board of Technical Education and Industrial Training. The petitioner sought consideration of his claim for appointment on the basis of compassionate appointment and in this regard representation dated 25.04.2012 (Annexure P-13) was moved by him. Petitioner's mother had earlier submitted representations dated 21.03.1997, 17.09.1997, 28.08.1998, 13.10.1998 and 15.10.1999 to the effect that her son was minor at that time and he be considered for appointment on compassionate basis on attaining majority. Petitioner in 2012 sought appointment to the post of Craft Instructor in Industrial Training Institute, Budhlada. He was informed that appointment on compassionate grounds can be afforded only in group 'C and 'D' category whereas the post of Instructor fell in group 'C.

4. Petitioner moved another representation that instead of the post of Instructor he may be considered for appointment as General Mechanic in Polytechnic Department, which falls in the group 'C category. Respondent no.2, vide letter dated 08.05.2013 informed the petitioner that all the posts of General Mechanic had been filled up and it was also informed that as per subsequent notification dated 29.09.2014, the post of Instructor fell within group 'C category. Representation dated 15.01.2015 was again moved by the petitioner. In the meanwhile, petitioner completed his Degree in Bachelor of Technical Computer Science and Engineering from Punjab Technical University, Jalandhar. Various communications in regard to appointment took place between the petitioner and the authorities which are not being referred to for the sake of brevity. A report regarding financial condition of the petitioner was also sought. Petitioner's claim for appointment on the compassionate basis was rejected vide order dated 24.10.2019 (Annexure P-36).

5. Petitioner filed Civil Writ petition No. 4993 of 2020, challenging said order dated 24.10.2019, which was set aside vide order dated 25.02.2020 (Annexure P-37) on the ground that it was a non-speaking order. Liberty was granted to the respondents to consider the petitioner's claim and decide the same by passing a speaking order within two months. Pursuant thereto impugned order dated 21.09.2020 was passed, rejecting the petitioner's claim for appointment on compassionate ground. It is observed therein that petitioner's mother is working as a Punjabi Mistress in the Government Girls Senior Secondary School, Budhlada and there is nothing on record to indicate such financial stringency, which calls for appointment of the petitioner on compassionate ground. Aggrieved therefrom present writ petition has been filed.

6. Learned counsel for the petitioner vehemently argues that at the time of death of petitioner's father, he was only 4 years old and in terms of the policy in question he applied for appointment on compassionate basis on attaining majority and fulfilling the educational qualifications. It is further submitted that as per Clause 11 of the Scheme for Compassionate Appointment, 2002, it is specifically mentioned that appointment on c