Dinesh Sharma vs State Of H.P. & Ors

Jyotsna Rewal Dua, J

Petitioner’s case for employment on compassionate ground has been rejected by the respondents on 06.04.2022, hence he has preferred the present writ petition, seeking quashing of the aforesaid decision dated 06.04.2022 with further prayer to direct the respondents to offer him appointment as Class-IV on compassionate basis.

Petitioner’s father, late Sh. Nikka Ram, was a regular employee of Education Department. He died in harness on 11.12.2006 after rendering 37 years, 5 months and 23 days’ service. The petitioner moved an application for employment on compassionate ground. His case was rejected by the respondents on 17.10.2014 with following observations:-

“Examined Since the applicant didn’t apply for compassionate employment within the permissible time limits of three years from the date of death of the deceased government employee, hence, the instant proposal of the Department cannot be considered.”

Later on, the respondents realized that petitioner’s case was rejected on incorrect factual grounds. He had applied for compassionate appointment within the permissible limits of three years from the date of death of his father/government employee. It was found that the petitioner had applied for compassionate grounds on 07.01.2008. Accordingly, the respondents re-opened the case of the petitioner for fresh decision. On 13.02.2015, respondent No.2 made a written request to respondent No.1 for sympathetic re-consideration of petitioner’s case. Upon re-consideration, the respondents have now rejected petitioner’s case vide impugned office communication dated 06.04.2022. Petitioner’s case was re-considered on the basis of Finance Department O.M. dated 07.03.2019 (existing policy) as well as the subsequent amendment made thereto. Finding that the petitioner’s case did not meet eligibility criteria fixed under the new policy framed on 07.03.2019, the case was rejected.

Heard learned counsel on both sides. It is now well settled that for appointment on compassionate ground, the policy prevalent at the time of death of the employee is required to be considered and not subsequent policy. [Re:-(2022)2 SSC 157 (State of Madhya Pradesh and others Vs. Ashish Awasthi)].

In the instant case, the respondents have rejected the case of the petitioner, seeking employment on compassionate ground on the basis of policy framed on 7. 03.2019, whereas, the petitioner’s father Sh. Nikka Ram had died on 11.12.2006. The petitioner’s case was to be considered in terms of the policy prevalent at that time and not under the policy of 2019. Accordingly, the present petition is allowed. Office communication dated 06.04.2022 is quashed and set aside. The respondents are directed to consider the case of the petitioner for compassionate appointment afresh in accordance with law and as per applicable policy. The entire exercise be carried out by the respondents within a period of six weeks from today. It is clarified that no opinion on merits of claim of the petitioner has been expressed in this judgment.

The pending miscellaneous application(s), if any, also stand disposed of.