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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NAMIT KUMAR
Amritpal Singh – Appellant
Versus
Pepsu Road Transport Corporation – Respondent
| Table of Content |
|---|
| 1. petitioner applied for compassionate grounds based on father's death. (Para 1 , 2) |
| 2. arguments presented by both parties. (Para 5 , 6) |
| 3. legal framework and policy considerations for compassionate employment. (Para 8 , 9) |
| 4. court's reasoning on timeliness and criteria for compassionate appointments. (Para 10 , 11 , 12) |
| 5. final ruling affirming the rejection of the application as time-barred. (Para 16 , 17) |
JUDGMENT :
Namit Kumar, J. (Oral)
1. Prayer in this writ petition filed by the petitioner under Articles 226/227 of the Constitution of India, is for issuance of a writ in the nature of certiorari, seeking quashing of the order dated 28.01.2019 (Annexure P-8). Further prayer has been made to direct the respondents to consider the claim of the petitioner for appointment on compassionate grounds in place of his father, who died in harness.
2. The brief facts as have been pleaded in the petition are that the father of the petitioner namely Sh. Mukhtiar Singh joined the respondent - PEPSU Road Transport Corporation (hereinafter referred to as 'PRTC') as Conductor on 01.06.1979 and unfortunately, he died on 18.07.2001, while he was in service. The petitioner was a minor
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.
Compassionate appointment is an exception, not a right, intended for immediate relief to families in financial crisis following the death of a breadwinner, and delays in application undermine this pu....
The need for immediacy in providing compassionate appointment and disentitling relief due to undue delay.
Compassionate appointment not a vested right; rejected due to delay, substantial terminal benefits exceeding limits, and family self-sufficiency.
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