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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Jagmohan Bansal
Surender Kumar – Appellant
Versus
Haryana Vidyut Parasaran Nigam Ltd. – Respondent
JUDGMENT :
Jagmohan Bansal, J. (Oral) -
The petitioner through instant writ petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dated 16.07.2024 (Annexure P-11) whereby his claim for compassionate appointment has been declined.
2. Petitioner's father was working with respondent-Haryana Vidyut Parasaran Nigam Limited as 'work mate'. He passed away in harness on 03.09.1996. As per applicable policy, petitioner's mother was paid a sum of Rs.70,000/- towards ex-gratia compassionate amount. The petitioner, at that point of time was 5 years old, thus, there was no opportunity to apply for job. As per applicable policy, he was required to submit application within 6 months from attaining the age of 17 years. He attained age of 17 years in 2008 but did not apply for the job. He even did not apply after attaining age of majority. As per record, he served legal notice on 27.01.2020 (Annexure P-7) seeking appointment as per policy of 2019. He made a representation within 6 months from the date of introduction of 2019 policy which came into force w.e.f. 02.08.2019 (Annexure P-12).
3. Mr. Ashok K. Sharma (Bhana), Advocate submits that petitioner's mother
Compassionate appointment is a privilege not a right, requiring timely application under applicable policy.
Compassionate appointments must be made promptly following a breadwinner's death; delayed applications undermine their purpose.
Compassionate appointment is a concession, not a legal right, and requires compliance with specific provisions while emphasizing immediate application to demonstrate need.
The need for immediacy in providing compassionate appointment and disentitling relief due to undue delay.
Compassionate appointment is an exception and a concession, not an absolute right, and should be provided only to eligible candidates who can establish the genuineness of their claim.
Compassionate appointment is not a right and can only be granted under exceptional circumstances, as per the legal provisions and principles discussed by the court.
Compassionate appointment is an exception to the general rule and is meant to provide immediate help to the family of the deceased breadwinner. Appointment on compassionate ground is a concession and....
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