Arun Kumar vs State Of H.P. & Ors

Jyotsna Rewal Dua, J

The writ petition has been filed for the grant of following substantive reliefs:-

“(i) That the respondents may kindly be directed to grant employment assistance on compassionate grounds to the applicant with all consequential benefits, in the interest of justice.

(i)(a) That the impugned letter dated 17.02.2021 conveying the rejection for grant of employment assistance on compassionate grounds may very kindly be quashed and set aside and the applicant may very kindly be held entitled for employment assistance on compassionate grounds, in the interest of justice.”

The respondents in their reply have not disputed that the petitioner had applied for compassionate appointment in the year 2006. Stand of the respondents is as under:-

“5. That the father of the petitioner was a regular employee of Education Department and served more than 23 years in the Department as Shastri. The employee died while in service on 17.03.2004 and the case for employment on compassionate grounds in respect of petitioner was submitted to the Government for consideration. The matter was examined and some objections were raised at Government level which were removed and the same was resubmitted to the Government vide letter dated 01.02.2019. In the meantime, State Government issued revised policy for the employment on compassionate ground vide office memorandum dated 07.03.2019. Thereafter, the case of the petitioner was returned by the Government vide letter dated 08.04.2019 with the directions that the matter be examined as per revised policy.

That the petitioner resubmitted his case of appointment on compassionate ground as per revised policy to the department on 19.03.2020. The said case was scrutinized by the screening committee constituted at Directorate level as per revised policy dated 07.03.2019. Keeping in view of revised policy dated 07.03.2019 and its subsequent amendments; committee has observed that “According to legal heir’s certificate submitted by the petitioner, there are four legal heirs of the deceased employee, but two daughters have got married. Further, total income of petitioner from all sources is Rs.2,24,000/- per annum as shown in Income Certificate furnished by the petitioner. as per revised policy of the Government dated 07.03.2019, if family members of deceased employee is 02, the income limit would be Rs.1,25000/- . Therefore, the case of the petitioner was rejected by the department vide letter dated 08.02.2021.”

The respondents have rejected the case of the petitioner on 08.02.2021 by applying the revised policy of the year 2019. The course adopted by the respondents is not in consonance with the pronouncement of the Hon’ble Apex Court in 2022 (2) SCC 157 (state of Madhya Pradesh and others Vs. Ashish Awasthi and connected matter), wherein, it has been held that the cases for employment on compassionate ground are to be examined as per the policy prevalent at the time of death of the deceased employee and not subsequent policy. Hence, there shall be a direction to the respondents to examine the case of the petitioner in terms of the policy, which was applicable at the relevant time. This exercise be carried out in accordance with law, within six weeks from today. The decision so taken be also communicated to the petitioner.

The present petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any.