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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Mukal Devi @ Mukul Devi – Appellant
Versus
State of Haryana – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
CM-20062-CWP-2023
The present application has been filed under Section 151 CPC for permission to place on the record the replication to written statement filed on behalf of respondents No.2 and 3.
In view of the grounds mentioned in the application, the same is allowed, as prayed for, subject to all just exceptions. Replication is ordered to be taken on record.
Registry is directed to place the same at the appropriate place.
Main
1. The present civil writ petition has been filed under Articles 226/227 of the Constitution of India, praying for the issuance of a writ in the nature of certiorari to quash the impugned rejection letters dated 04.07.2019 (Annexure P-8) and 18.07.2020 (Annexure P-25), whereby the claim of petitioner No.2, for appointment on compassionate grounds under the ex- gratia scheme was rejected by the respondent-Bank. A writ of mandamus is also sought, directing the respondents to appoint petitioner No.2 on compassionate grounds in terms of the policy applicable at the time of his father's demise.
2. Learned counsel for the petitioners inter alia contends that the father of petitioner No.2, died in harness on 08.08.2016 while serving as
Eligibility for compassionate appointment is determined by policies in effect at the time of the employee's death; subsequent changes cannot be applied retrospectively.
The applicable policy for compassionate appointment is the one in force at the time of the employee's death, not the date of application filing.
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 employment is granted on humanitarian grounds and is not a vested right. The policy prevailing at the time of the deceased employee's death is crucial for determining compassionate appo....
Compassionate appointment is an exception to the general rule and must be made in accordance with the state's policy and eligibility criteria, considering the financial condition of the deceased empl....
Compassionate appointment is a concession granted under exceptional circumstances and cannot be claimed as a matter of right. Equal opportunity in public employment is a constitutional mandate, and c....
Compassionate appointment is an exception to the general rule and should be made in accordance with the state's policy and eligibility criteria. It is not a matter of right and is intended to enable ....
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