Compassionate appointment is not a vested right and must adhere to specific rules and timelines; the principle of promissory estoppel does not apply in this context.

J U D G M E N T

AUGUSTINE GEORGE MASIH, J.

1. This Appeal has been preferred by the son of Shri Jai Prakash, a deceased constable in Haryana Police, seeking appointment on compassionate grounds, as his father and another constable died while on duty on 22.11.1997. The Appellant then was seven years of age, and the policy which was in force was dated Signature Not Verified Digitally signed by KAVITA PAHUJA Date: 2024.11.13 Reason:

confined to Class III and IV posts. The widow of Balwan Singh, the other police constable, who died along with the father of the Appellant, was granted compassionate appointment as a constable upon her application.

2. The mother of the Appellant, being illiterate, could not seek an appointment for herself and therefore applied for compassionate appointment for her son, the Appellant herein. A letter from the Director General of Police, Haryana (hereinafter referred to as “DGP”) dated 15.04.1998 was received by the Superintendent of Police on 20.04.1998 directing the name of the Appellant, Tinku, son of deceased Constable Jaiprakash, to be entered in the Minor’s Register No. 47. This indicated the intention of the authorities of reserving one post for grant of employment to the Appellant at a later stage being minor child of deceased employee as per the applicable policy.

3. Since the Appellant was a minor, his claim was kept pending. A further communication from the office of the Superintendent of Police, Rohtak, dated 30.12.2003, was received by the mother of the Appellant that on attainment of the age of majority, the Appellant should approach the Office of the Welfare Inspector to get the case prepared. It is on this basis that the Appellant approached the DGP by way of representation dated 30.10.2008 putting forth his claim for appointment under the ex-gratia scheme, specifying therein that he had attained the age of majority on 10.10.2008. His mother also submitted a representation to the DGP, making reference to the earlier communications as mentioned above for the grant of appointment on compassionate grounds as per the policy.

4. The claim of the Appellant was considered, and communication was received from the DGP dated 28.04.2009 addressed to the Superintendent of Police, Rohtak, with a copy thereof to the mother of the Appellant intimating rejection of the claim for appointment on compassionate grounds. The reason assigned was that from the date of death of the Appellant’s father till he having become major 11 years had passed rendering the claim time barred when taken from the date of death of the father of the Appellant. For this reliance was placed on the Government instructions dated 22.03.1999 where a minor dependent of a deceased government employee gets the benefit provided he/she attains age of majority within a period of three years from the date of death of the government employee. It was further intimated that, as per the “Haryana Compassionate Assistance to the Dependents of Deceased Government Employees” Rules, 2006 (hereinafter referred to as the “2006 Rules”), which were then in force, whereunder the claim was considered, did not contain provision for providing a job under the ex-

gratia scheme.

5. Faced with this situation, the Appellant had preferred a writ petition before the High Court in the year 2009, with the plea of promissory estoppel in the light of communications received referred to above. The writ was dismissed on 12.01.2021 holding therein that the principle of estoppel would not be applicable to the case in hand as it was only a communication which was sent to the petitioner with regard to the name having been entered in the minor’s register, while the subsequent communication from the Superintendent of Police was for approaching the authority on the attainment of the age of majority by the ward. An aspect with regard to the delay from the date of death of the father of the Appellant till the date of he having attained majority which is around 11 years also weighed on