Mangesh Thakur v. State of H.P & Ors.

Mr.Naveen Kumar Dass, Advocate. For the Respondents: Mr. Y.P.S. Dhaulta, Additional Advocate General, Ms. Menka Raj Chauhan, Deputy Advocate General and Mr. Rajat Choudhry, Assistant Advocate General. -------------------------------------------------------------------------------------------- Jyotsna Rewal Dua, Judge This writ petition has been filed for grant of following substantive reliefs:- “i) That a writ in the nature of certiorari may kindly be passed and the office order of the respondent- department Annexure P-7 may kindly be quashed and set- aside. ii) That the respondents may kindly be directed to reconsider the case of the petitioner for employment on compassionate grounds, and pass a speaking order in this context, and grant the petitioner employment on compassionate grounds.”

2. Heard learned counsel for the parties and considered the case file.

3. Shri Chattro Ram @ Chatar Singh- petitioner’s father was serving as peon in the respondent department when he died in 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 ( 2025:HHC:40189 ) an accident on 01.11.2008 while on duty in a government vehicle. Shri Chattro Ram’s wife (petitioner’s mother) furnished her no objection on 11.03.2009 for providing employment compassionate grounds to her son- present petitioner. Petitioner applied for compassionate employment on 27.08.2010 against post of daily waged Beldar. Respondents found some defects in petitioner’s application. Petitioner was directed to rectify the same. On 23.12.2011, petitioner’s case was returned by the Superintending Engineer, Jal Shakti Circle, Chamba on the ground that compassionate appointment could be provided only to the wife of deceased and not to his son. Twelve years later, petitioner instituted Mangesh Thakur versus State of H.P. and others2 seeking directions to the respondents to reconsider his case for employment on compassionate grounds. Taking note of the fact that respondents had only returned the case of the petitioner on 23.12.2011 with certain observations without passing any confirmed order for rejecting or allowing petitioner’s case and in view of respondents having expressed their willingness to consider the employment case of the petitioner as per applicable policy, the writ petition was disposed of as under:- “In view of above and the instructions memo dated 02.08.2023, wherein the respondents have expressed their willingness to consider the case of the petitioner, the writ 2 CWP No.4331/2023, decided on 08.08.2023, 3 ( 2025:HHC:40189 ) petition is disposed of with a direction to the respondents/competent authority to consider the case of the petitioner for employment on compassionate ground, as per the policy applicable at the relevant time, in accordance with law. The decision be taken within a period of six weeks from today. The copy of the order so passed shall also be communicated to the petitioner. Pending miscellaneous application(s), if any, shall also stand disposed of. It is clarified that the Court has not expressed any view on merits of the petitioner’s claim. All rights & contentions of the parties in that regard are left open.” Pursuant to above directions, respondents considered the case of the petitioner for employment on compassionate grounds and rejected it under office order appended as Annexure P-7. Petitioner feels aggrieved against this office order.

4. It would be appropriate to first take note of decision of the Hon’ble Apex Court in Canara Bank Vs. Ajithkumar G.K.3 wherein after referring to several authoritative pronouncements, the principles relating to compassionate employment were culled out as under:- “11. Decisions of this Court on the contours of appointment on compassionate ground are legion and it would be apt for us to consider certain well-settled principles, which have crystallized through precedents into a rule of law. They are (not in sequential but contextual order): a) Appointment on compassionate ground, which is offered on humanitarian grounds, is an exception to the rule of equality in the matter of public employment [see General Manager, State Bank of India v Anju Jain4]. b) Compassionate appointment cannot be made in the absence of rules or instructions [see Haryana State Electricity Board v. Krishna Devi5 ]. 3Civil Appeal No.255/2025 decided on 11.02.2025 4(2008)8 SCC 475 5(2002) 10 SCC 246 4 ( 2025:HHC:40189 ) c) Compassionate appointment is ordinarily offered in two contingencies carved out as exceptions to the general rule, viz. to meet the sudden crisis occurring in a family either on account of death or of medical invalidation of the breadwinner while in service [see V. Sivamurthy v. Union of India]6 . d) The whole object of granting compassionate employment by an employer being intended to enable the family members of a deceased or an incapacitated employee to tide over the sudden financial crisis, appointments on compassionate ground should be made immediately to redeem the family in distress [see Sushma Gosain v. Union of India7]. e) Since rules relating to compassionate appointment permit a sidedoor entry, the same have to be given strict interpretation [see Uttaranchal Jal Sansthan v. Laxmi Devi8]. f) Compassionate appointment is a concession and not a right and the criteria laid down in the Rules must be satisfied by all aspirants [see SAIL v. Madhusudan Das9]. g) None can claim compassionate appointment by way of inheritance [see State of Chattisgarh v. Dhirjo Kumar Sengar10]. h) Appointment based solely on descent is inimical to our constitutional scheme, and being an exception, the scheme has to be strictly construed and confined only to the purpose it seeks to achieve [see Bhawani Prasad Sonkar v. Union of India11]. i) None can claim compassionate appointment, on the occurrence of death/medical incapacitation of the concerned employee (the sole bread earner of the family), as if it were a vested right, and any appointment without considering the financial condition of the family of the deceased is legally impermissible [see Union of India v. Amrita Sinha12]. j) An application for compassionate appointment has to be made immediately upon death/incapacitation and in any case within a reasonable period thereof or else a