The High Court of Punjab & Haryana has made it clear that appointment on a compassionate basis was not an alternate source of recruitment. The Bench also made it clear that consideration for such employment was not a vested right, which could be exercised at any time in future.
The direction by the Bench of Chief Justice Ravi Shanker Jha & Justice Arun Palli came in a case of a 29-year-old youngster, who was just 4 when his father passed away. The Bench observed a significant question before it was whether the appellant-youngster possessed indefeasible or hereditary right to seek appointment upon attaining majority, even though he was a minor, being 4 years of age at the time of his father’s death. The answer, the Bench added, was “no”.
The matter was brought to the HC’s notice after Gagandeep Singh filed an appeal against the state of Punjab & others respondents following the dismissal of his plea by a Single Judge. Referring to a plethora of Apex Court & High Court judgments, the Bench asserted neither any rule, nor any provision in the “Scheme for Compassionate Appointments-2002”, was referred to, which provided for consideration of a minor’s claim upon attaining majority.
The Bench observed the void the appellant, & his mother, had to bear with upon his father’s death could never be filled. But, there were certain factors that assumed significance upon analysing the position from a limited standpoint of considering a claim for appointment on compassionate basis.
Elaborating, the Bench asserted a quarter of a century had gone by post death of the appellant’s father. His mother was already employed as Punjabi Mistress at the time of her husband’s death. She retired from service in December 2020. Concededly, the appellant qualified matriculation from the Punjab State Education Board in 2008, & completed Diploma in Mechanical Engineering from the Punjab State Board of Technical Education & Industrial Training in December 2011. He even acquired a degree in Bachelor of Technology in Computer Science & Engineering from Punjab Technical University, Jalandhar.
The bench concluded, “He was 4-year-old when his father died & is over 29 years of age today. The position of law is settled that appointment on compassionate basis is not an alternate source of recruitment. Nor does the consideration for such employment is a vested right, which can be exercised at any time in future. In the wake of the position, as sketched out above, we are dissuaded to interfere with the impugned order & judgment rendered by the Single Judge. The appeal being bereft of merit is accordingly dismissed".
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