HP HC | Compassionate appointment is not a matter of right but subject to policy changes; appointment rightly rejected to son as mother is already employed with PWD

Himachal Pradesh High Court: A Division Bench of Sabina and Satyen Vaidya JJ. dismissed the petition on grounds of non-interference.

 The facts of the case are such that the father of the petitioner was working as a T-Mate with the respondent department and had died while in service, on 03-03-2007. Petitioner by approaching the respondents had sought appointment on compassionate basis. However, the case of the petitioner has been wrongly rejected on the ground that since the mother of the petitioner was already serving in Himachal Pradesh Public Works Department; therefore, he was not entitled for appointment on compassionate basis.

Counsel for the respondents submitted that as per Clause-5 (c) of the Policy dated 18-1-1990; case of the petitioner has been rightly rejected as the mother of the petitioner was already in a Government job.

The Court relied on judgment State of Himachal Pradesh v. Shashi Kumar, (2019) 3 SCC 653 wherein it was observed that

“… Compassionate appointment is an exception to the general rule that appointment to any public post in the service of the State has to be made on the basis of principles which accord with Articles 14 and 16 of the Constitution. Dependants of a deceased employee of the State are made eligible by virtue of the Policy on compassionate appointment.

“..it is a well-settled principle of law that there is no right to compassionate appointment. But, where there is a policy, a dependant member of the family of a deceased employee is entitled to apply for compassionate appointment and to seek consideration of the application in accordance with the terms and conditions which are prescribed by the State.”

Clause 5 (c) of the said policy reads as under:-

“In all cases where one or more members of the family are already in Govt. Service or in employment of Autonomous Bodies/Boards/Corporation etc., of the State/Central Govt. employment assistance should not under any circumstances be provided to the second or third member of the family. In cases, however, where the widow of the deceased Govt. Servant represents or claims that her employed sons/ daughters are not supporting her, the request of employment assistance should be considered only in respect of the widow. Even for allowing compassionate appointment to the widow in such cases the opinion of the department of Personnel and Finance Department should specifically be sought and the matter finally decided by the Council of Ministers.”

 Thus, the Court observed that the petitioner was not entitled for appointment on compassionate basis in view of Clause-5(c) of the relevant policy as his mother was already in a government job. The Court further observed that the respondents have rightly rejected the case of the petitioner for his appointment on compassionate basis.

The Court held “no ground for interference, while exercising extraordinary writ jurisdiction under Article 226 of the Constitution of India, is made out.”

[Moti Ram v. Himachal Pradesh Electricity Board, 2022 SCC OnLine HP 236, decided on 03-01-2022]


Arunima Bose, Editorial Assistant has reported this brief.


Appearances:

For petitioner: Naveen K Bharadwaj

For respondent: Mr. Anil Kumar God

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