Cwp No. 18121 of 2013 (Oandm) Vs. State of Punjab and Others --respondents - Court Judgment

SooperKanoon Citationsooperkanoon.com/1057082
CourtPunjab and Haryana High Court
Decided OnAug-20-2013
AppellantCwp No. 18121 of 2013 (Oandm)
RespondentState of Punjab and Others --respondents
Excerpt:
in the high court of punjab & haryana at chandigarh cwp no.18121 of 2013 (o&m) date of decision:20. 8.2013. amrik singh --petitioner versus state of punjab and others --respondents coram:- hon'ble mr.justice tejinder singh dhindsa. present:- mr.g.s.bal, advocate for the petitioner. *** tejinder singh dhindsa.j learned counsel for the petitioner has been heard at length. the petitioner has filed the instant writ petition praying for the issuance of directions to the respondents to consider his claim for appointment to a suitable class-iii post on compassionate basis. pleadings on record would reflect that father of the petitioner was boarded out of indian army on 1.1.1987 on account of having received a head injury while performance of his duties. thereafter, father of the petitioner died on 8.7.1993. the petitioner, who was aged about 12 years on the date of death of his father attained the age of majority in the year 1999. it was in the year 2013 that the petitioner submitted an application seeking compassionate appointment basing his claim on the state govt. instructions dated 24.4.1986 at annexure p-6. as such application has evoked no response, the petitioner has approached this court by filing the instant writ petition. i am of the considered view that the claim seeking appointment on a compassionate basis on account of boarding out of the father of the petitioner from the indian army on medical grounds in the year 1987 and lucky 2013.08.21 12:16 i attest to the accuracy and integrity of this document chandigarh cwp no.18121 of 2013 (o&m) -2- subsequent death in the year 1993, cannot be entertained in the light of the writ petition preferred in the year 2013. for that matter even the application seeking appointment on compassionate basis was preferred only in the year 2013. it is well settled that the objective of compassionate appointment is only to mitigate the sudden financial crisis that has fallen upon the family on account of the death of the bread winner in harness. compassionate appointment, as such, has to be in close proximity to the date of death. even otherwise, compassionate appointment is not a mode of recruitment. it is only a concession. in the light of the facts that the petitioner had attained the age of majority in the year 1999 and his father had been boarded out of the indian army in the year 1987, no claim for grant of compassionate appointment can be made out at such belated stage. writ petition, accordingly, is dismissed. (tejinder singh dhindsa) judge august 20, 2013. lucky
Judgment:

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No.18121 of 2013 (O&M) Date of Decision:

20. 8.2013.

Amrik Singh --Petitioner Versus State of Punjab and others --Respondents CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA.

Present:- Mr.G.S.Bal, Advocate for the petitioner.

*** TEJINDER SINGH DHINDSA.J Learned counsel for the petitioner has been heard at length.

The petitioner has filed the instant writ petition praying for the issuance of directions to the respondents to consider his claim for appointment to a suitable Class-III post on compassionate basis.

Pleadings on record would reflect that father of the petitioner was boarded out of Indian Army on 1.1.1987 on account of having received a head injury while performance of his duties.

Thereafter, father of the petitioner died on 8.7.1993.

The petitioner, who was aged about 12 years on the date of death of his father attained the age of majority in the year 1999.

It was in the year 2013 that the petitioner submitted an application seeking compassionate appointment basing his claim on the State Govt.

Instructions dated 24.4.1986 at Annexure P-6.

As such application has evoked no response, the petitioner has approached this Court by filing the instant writ petition.

I am of the considered view that the claim seeking appointment on a compassionate basis on account of boarding out of the father of the petitioner from the Indian Army on medical grounds in the year 1987 and Lucky 2013.08.21 12:16 I attest to the accuracy and integrity of this document chandigarh CWP No.18121 of 2013 (O&M) -2- subsequent death in the year 1993, cannot be entertained in the light of the writ petition preferred in the year 2013.

For that matter even the application seeking appointment on compassionate basis was preferred only in the year 2013.

It is well settled that the objective of compassionate appointment is only to mitigate the sudden financial crisis that has fallen upon the family on account of the death of the bread winner in harness.

Compassionate appointment, as such, has to be in close proximity to the date of death.

Even otherwise, compassionate appointment is not a mode of recruitment.

It is only a concession.

In the light of the facts that the petitioner had attained the age of majority in the year 1999 and his father had been boarded out of the Indian Army in the year 1987, no claim for grant of compassionate appointment can be made out at such belated stage.

Writ petition, accordingly, is dismissed.

(TEJINDER SINGH DHINDSA) JUDGE August 20, 2013.

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