Case Note & Summary
The State of Haryana preferred an appeal by special leave against an order of the High Court of Punjab and Haryana concerning compassionate appointment. The respondent, Dhan Singh, was the brother of a deceased government employee who died in harness. The High Court had directed the State to appoint the brother on compassionate grounds. The core dispute was whether a brother of a deceased employee fell within the definition of 'family' for compassionate appointment and whether previous irregular appointments estopped the State from denying eligibility. The government had introduced a scheme to help the bereaved family of a deceased employee by providing employment to one dependent in addition to ex-gratia payment. Circulars dated 9 March 1979 and 31 October 1985 emphasized this objective. Rule 6.16-B of the Punjab Civil Services Rules, Vol. III as applicable to the Government of Haryana defined 'family' to include wife, husband, sons, unmarried and widowed daughters, brothers below the age of 18 years, unmarried and widowed sisters, father, mother, married daughters, and children of a pre-deceased son. The brother in question was above 18 years of age. The State argued that the brother was not a dependent family member under the rule and therefore not eligible for compassionate appointment. The respondent contended that the government had previously appointed brothers of deceased employees and was estopped from taking a contrary stand. The Supreme Court examined the definition and observed that a brother below 18 years was included as a family member, but a person below 18 could not be appointed to government service. The moment a brother crossed 18 years, he ceased to be a dependent member of the family of the deceased government employee. On the estoppel argument, the Court held that even if some department had wrongly given the benefit, such wrong action could not become right in the face of specifically unambiguous language of the rules. Therefore, the High Court was not right in directing appointment of the brother on compassionate grounds. The appeal was allowed. The Court directed that if the widow of the respondent's brother was eligible for employment, it would be open to her to make an application and the Department was directed to consider her application according to the rules. No costs were awarded.
Headnote
A) Service Law - Compassionate Appointment - Dependent Family Member - Punjab Civil Services Rules, Vol. III, Rule 6.16-B - The question was whether a brother of a deceased government employee is eligible for compassionate appointment. The rule includes brothers below 18 years as family members, but such a person cannot be appointed because he is below the age of majority; once he attains 18 years, he ceases to be a dependent family member. Held that the brother is not eligible and the High Court erred in directing appointment (Paras Not mentioned) B) Administrative Law - Estoppel - Previous Irregular Appointments - General Principles of Administrative Law - The respondent argued that the government had previously appointed brothers of deceased employees and was estopped from denying eligibility. The Court held that a wrong action by some department cannot become right in the face of unambiguous rules; therefore no estoppel arises. Held that previous irregular appointments do not confer a legal right (Paras Not mentioned)
Issue of Consideration
Whether the brother of a deceased government employee who died in harness is a dependent eligible for employment on compassionate grounds under Rule 6.16-B of Punjab Civil Services Rules, Vol. III as applicable to the Government of Haryana.
Final Decision
Appeal allowed. High Court direction to appoint the brother was set aside. If the widow of the respondent's brother is eligible for employment, it would be open to her to make an application and the Department is directed to consider her application according to the rules. No costs.
Law Points
- Compassionate appointment is a scheme to help the bereaved family of a deceased government employee by providing employment to one dependent
- Rule 6.16-B of Punjab Civil Services Rules
- Vol. III defines 'family' and includes brothers below 18 years only
- a person below 18 cannot be appointed to government service
- the moment a brother crosses 18 years he ceases to be a dependent family member
- previous irregular appointments cannot create estoppel against the government
- a wrong action by a department cannot become right in the face of unambiguous rules
