Case Note & Summary
The case involved an appeal by an individual seeking appointment on compassionate grounds following the death of his father, a government employee. The appellant's father passed away on 10.2.2001 while in service, and the appellant filed an application for appointment within two weeks of his father's death. However, his request was denied by the District Magistrate of Karnal on the grounds of non-availability of vacancies, despite the deceased's employment in District Yamuna Nagar. The appellant subsequently filed a writ petition in the Punjab and Haryana High Court, which dismissed the petition based on the Haryana Compassionate Assistance to the Dependants of Deceased Government Employees Rules, 2003, stating that appointments could only be made if regular posts were available. The Supreme Court found that the appellant's case should have been evaluated under the rules in effect at the time of his father's death in 2001, which entitled him to an appointment. The court noted that the High Court failed to consider that the appellant was willing to accept a position anywhere in Haryana and that there were likely available posts in other districts. The Supreme Court allowed the appeal, set aside the High Court's judgment, and directed the State of Haryana to issue an appointment letter to the appellant within four weeks.
Headnote
A) Employment Law - Compassionate Appointment - Entitlement to Appointment - Haryana Compassionate Assistance to the Dependants of Deceased Government Employees Rules, 2003 - Appellant was entitled to appointment on compassionate grounds under the rules existing at the time of his father's death, and the High Court's reliance on the 2003 Rules was misplaced. The court held that the appellant's case should have been considered under the 2001 rules, and directed the State to issue an appointment letter within four weeks (Paras 1-2).
Issue of Consideration
Whether the appellant was entitled to appointment on compassionate grounds despite the introduction of new rules.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment, and directed the State of Haryana to issue an appointment letter to the appellant within four weeks.
Law Points
- Compassionate appointment
- entitlement to appointment
- procedural compliance
- higher authority orders
- ex-gratia payment
