Once A Family Member Appointed On Compassionate Basis Is Terminated, Another Member Can't Seek Appointment: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that once a family member has availed the benefit of compassionate appointment, the same cannot be granted to another family member after the service of that family member had been terminated.In the present case, the appellant's brother was appointed on compassionate grounds in position of her father, who passed away during service. However, the brother absented himself from duty, and his service was terminated. Thereafter, the appellant sought the appointment in place of his brother.Justice Anupinder Singh Grewal and Justice Lapita Banerji said, “As the brother of the appellant had been granted compassionate appointment, it is not open to the appellant to seek appointment on compassionate grounds after termination of his brother's services. The object is only to tide over the immediate financial crisis which engulfs the family on the death of the sole breadwinner.”These observations were made while hearing the Letter Patents Appeal challenging the order of a single judge.The father of the appellant who was working as Supervisor in the Market Committee, Ahmedgarh had expired in 2012. The brother of the appellant, namely, Kasif Khan was appointed as Peon in the Market Committee in 2013. He had absented from duty on several occasions and after issuance of several show- cause-notices, he was declared absent from duty and subsequently, charge-sheet was issued and after holding departmental inquiry, his services were terminated on 30.11.2016. The appellant after the termination of the services of her brother had sought appointment on compassionate grounds which was rejected by the District Mandi Officer on 28.07.2022.The Single Bench after noticing that brother of the appellant had been given compassionate appointment and the appointment is not transferrable to any other family member subsequently had dismissed the writ petition.After examining the submissions the Court said, “It is settled law that compassionate appointment is an exception to the general rule of making appointments in conformity with the Articles 14 and 16 of the Constitution of India.”Reliance was placed on Umesh Kumar Nagpal Vs. State of Haryana (1994) to underscore compassionate appointment is not a vested right which can be exercised at any time after the death of a government servant. “That the object being to enable the family to get over the financial crisis which it faces at the time of the death of the sole breadwinner, compassionate employment cannot be claimed and offered after lapse of considerable amount of time and after the crisis is overcome,” the Apex Court had observed.In the light of the above the Court held that “we do not find any illegality in the order of the Single Judge which would warrant interference in letters patent appeal.”Mr.Gopal Singh Nahel, Advocate, for the appellant.Mr. A.S.Khara, Sr. DAG, Punjab Title: Sobia Mujib v. State of Punjab and othersCitation: 2025 LiveLaw (PH) 08 Click here to read/download the order

Once A Family Member Appointed On Compassionate Basis Is Terminated, Another Member Can't Seek Appointment: Punjab & Haryana High Court

Aiman J. Chishti

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Once A Family Member Appointed On Compassionate Basis Is Terminated, Another Member Can't Seek Appointment: Punjab & Haryana High Court

Aiman J. Chishti

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