HC slams delay in compassionate appointment, terms grant of higher post 'obnoxious'

The Punjab and Haryana High Court has come down heavily on Punjab Police officers for mishandling a compassionate appointment case after holding that they “have not discharged their duty in accordance with law.”

The admonition came in a case where a compassionate appointment approved in 2010 was inexplicably delayed for a decade before being issued in 2020 for a “higher” post, which the court termed “obnoxious and against the service jurisprudence.”

The ruling by Justice Jagmohan Bansal came on a petition seeking directions to the State of Punjab and other respondents to consider him for promotion by treating his date of appointment as July 16, 2010, in view of recommendation letter of that date and another communication dated September 21, 2010.

The Bench, during the course of hearing, was told that the petitioner’s father passed away in harness, after which the DGP recommended his name for appointment as ASI. The Home Department vide communication dated September 21, 2010, informed the DGP that petitioner’s appointment might be made in accordance with the government instructions. But the petitioner was not issued appointment letter.

The Bench was also told that he was called for interview on July 15, 2011. Chief Minister vide letter dated December 26, 2018, informed the authorities that the petitioner’s case was fully covered by the government instructions.

The DGP vide letter dated May 27, 2019, informed Director, Bureau of Investigation, that the Chief Minister had accorded approval for the petitioner’s appointment as Head Constable in the Bureau. Pathankot Superintendent of Police, vide order dated May 23, 2020, issued appointment letter for the post of Sub-Inspector against temporary post. The petitioner then claimed promotion as Inspector. But the respondent vide communication dated July 13, 2022, rejected his request.

Dismissing his plea, Justice Bansal observed that the petitioner’s father, an ASI, died in harness in 2004. Though the petitioner was considered for appointment as ASI in 2010 with the approval of the DGP and the State Government, appointment letter was not issued for a decade. It was only on the intervention of the Chief Minister in 2018 that the process moved, and the petitioner in 2020 was issued an appointment letter — not for ASI but for the higher post of Sub-Inspector (SI).

Virtually expressing dismay at the authorities’ handling of the matter, Justice Bansal asserted: “Appointment letter was not issued for 10 years and after 10 years appointment letter of higher post was issued. Petitioner’s father was ASI and petitioner was issued appointment letter of higher post i.e. SI which seems to be obnoxious and against the service jurisprudence.”

Why it matters

The case highlights how a compassionate appointment, meant to give immediate relief to a bereaved family, was delayed for a decade — undermining its very purpose. By admonishing Punjab Police officers and terming the grant of a higher post “obnoxious,” the High Court not only exposed serious lapses in ensuring timely governance but also set a precedent in service jurisprudence. The ruling raises wider concerns over bureaucratic inertia, and the impact such delays may have had on other families awaiting relief.