HP High Court: Compassionate appointment ‘can’t be denied if FIR pending’

Mere pendency of an FIR cannot be a ground to deny appointment on compassionate ground. This was held by the HP High Court while dealing with a petition involving the issue “whether compassionate appointment, duly approved by the competent authority, could have been denied on the ground of pendency of FIR against the applicant?”

Allowing the petition filed in this regard, Justice Sandeep Sharma observed that “denial of appointment on the ground of mere pendency of FIR, that too for the petty offences, may not be sustainable. Rather at this stage, respondents can offer appointment to the petitioner, but certainly petitioner’s continuance in service would ultimately depend upon outcome of the criminal trial, if any, initiated, pursuant to FIR lodged against him.”

The petitioner contended in the petition that on February 26, 2021, government approved the name of the petitioner for appointment on compassionate ground for the post of Class-III (JOA IT). The petitioner on April 13, 2021, had submitted the requite documents to the office of Block Elementary Education Officer, Salooni, Chamba district, and thereafter, more than four years have passed but no appointment letter has been issued. The state has filed the reply and submitted that that though name of the petitioner stands approved by the competent authority for appointment on compassionate ground for the post of JOA (IT), appointment letter could not be issued on the ground of pendency of FIR No. 5 of 2019.

Rejecting the plea taken by the state, the court observed that “such a plea taken at the behest of the respondent/state is not sustainable.” The court directed the state authority to issue appointment letter to the petitioner on compassionate ground on the basis of approval given by the competent authority, expeditiously, preferably within four weeks as per seniority.