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2022 Supreme(P&H) 486

G. S. SANDHAWALIA, VIKAS SURI
Tinku – Appellant
Versus
State Of Haryana – Respondent


Advocates Appeared:
Ms. Abha Rathore, Advocate, for the Appellant; Ms. Palika Monga, DAG, Haryana, for the Respondent

JUDGMENT

G.S. Sandhawalia, J. - Present letters patent appeal is directed against the order of the learned Single Judge dated 12.01.2021 passed in CWP Nos.19095 of 2009 Tinku Vs. State of Haryana and others'. The appellant is aggrieved against the dismissal of the writ petition. The relief as such claimed in the writ petition was for appointment on compassionate grounds, since appellant's case had been rejected vide order dated 28.04.2009 (Annexure P-5).

2. The reasoning which weighed with the learned Single Judge was that compassionate appointments is an exception to the general rule and the provision was made to help the bereaving family immediately to tide over immediate crisis, who has lost its bread earner. Reliance was placed upon the judgment of the Apex Court passed in 'Umesh Kumar Nagpal Vs. State of Haryana', (1994) 4 SCC 138, to come to the conclusion that it was a concession and could not be claimed as a matter of right especially after a passage of time. It was, accordingly, noticed that though the case of the writ petitioner as such had been entered in the concerned register and as and when he attained the age of majority, his case was to be considered. It was, accordin

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