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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NAMIT KUMAR
Amritpal Singh – Appellant
Versus
Pepsu Road Transport Corporation – Respondent
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 at that point of time as his date of birth is 25.03.1991 and he was only 10 years old at that time. He attained the age of majority of 18 years and applied for compassionate appointment by submitting application dated 21.11.2009 (Annexure P-2). The mother of the petitioner also submitted her affidavit to the effect that she has no objection if the petitioner is given appointment on compassionate grounds. The petitioner agai
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 is not a right but a measure to assist families in financial distress, and is contingent on family employment status and compliance with rules.
The main legal point established in the judgment is that the application for compassionate appointment should be reasonable and proximate to the time of the death of the bread earner, and the process....
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