Punjab and Haryana High Court: Consider orphan for job on compassionate grounds despite delay

Saurabh Malik

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Chandigarh, May 22

In a significant judgment liable to change the way compassionate appointments are given, the Punjab and Haryana High Court has made it clear that a minor’s claim could be considered upon attaining majority in case both his parents had died. The Bench also directed the State of Haryana to consider a petitioner’s case for compassionate appointment nearly two decades after his father’s death. The ruling by Justice Anupinder Singh Grewal came in a case where the petitioner was about nine when his father expired while in service in September 2003. His mother had already expired in 1998.

It assumes significance as the general perception is that compassionate appointment is provided to enable a family to tide over financial crisis after the wage-earner’s death. It could not be granted years after the death.

Taking up the petition by Sudhir through counsel Sandeep Kumar Goyat, Justice Grewal asserted the petitioner and his sister were being looked after by their uncle. The petitioner’s grandmother had sought a job for him in 2003. But it was not given.

As the petitioner’s father died in September 2003, his case for compassionate appointment would be covered by the rules framed by the respondents in February 2003. Elaborating, Justice Grewal added the family of a deceased employee could exercise the options for compassionate appointment or ex gratia amount payment.

The petitioner, being only nine, could not exercise any option for compassionate appointment or payment of ex gratia amount.

Justice Grewal added the record did not indicate that the guardian had exercised the option of ex gratia amount. It only indicated that the grandmother had sought appointment for the uncle. Assuming the guardian had opted for ex gratia amount, instead of compassionate appointment, it would not be binding on the petitioner admittedly a minor at that time.

The decision to opt for ex gratia did not appear to be in the child’s best interest. In any event, it would not be binding upon him. The petitioner, after attaining majority, had sought appointment on compassionate ground and applied shortly after three years of attaining majority. Rule 4 stipulated that the dependent was required to apply within three years of the employee’s death. But the rule could be was relaxed. It was stipulated that an orphan’s claim would remain alive till he attained the minimum eligibility age for entry into government service.

“It is indeed a very unfortunate case where the petitioner had already lost his mother. He thereafter lost his father who was in government service when the petitioner was barely nine. It would, thus, also be equitable that the petitioner be considered for compassionate appointment in terms of the rules,” said Justice Grewal.