Punjab and Haryana High Court Quashes Rejection of Compassionate Appointment Claim

The court ruled in favor of Chander Mohan, emphasizing a humanitarian approach in compassionate appointment cases.

The Punjab and Haryana High Court, in a significant ruling, quashed the rejection of a compassionate appointment claim filed by Chander Mohan, the son of a deceased government employee. The decision, pronounced by Justice Sandeep Moudgil, highlighted the necessity of a humanitarian approach in matters of compassionate appointment, underscoring that administrative delays and rigid interpretations should not defeat legitimate claims.

Chander Mohan's father, Ram Kishan, who served as an Inspector in the Food and Supplies Department, was initially dismissed from service following a criminal conviction, which was later overturned. Although reinstated, he faced another dismissal through departmental proceedings, leading to a prolonged legal battle that only concluded after his passing in 1995. The writ petition challenging his dismissal was allowed in 2010, but despite this, Chander Mohan's request for compassionate appointment was rejected by the authorities in 2012 under the Haryana Compassionate Assistance Rules, 2006.

The court found the rejection improper, pointing out that the petitioner's father should be deemed to have been in continuous service until his death. Justice Moudgil stressed that compassionate schemes should be interpreted broadly, aligning with the welfare objectives enshrined in the Constitution, and that the administrative authorities failed to provide a reasoned decision as required under Article 14 of the Constitution of India.

The court directed the respondents to provide financial assistance to Chander Mohan as per the 2006 Rules, emphasizing the importance of timely and humane implementation of such welfare measures.

Bottom Line:

Compassionate appointment or financial assistance claims must be treated with a humanitarian approach, and cannot be defeated by rigid interpretations or administrative delays. Administrative authorities must provide a reasoned decision when exercising statutory discretion, as per Article 14 of the Constitution of India.

Statutory provision(s): Article 14 of the Constitution of India, Haryana Compassionate Assistance Rules, 2006

Chander Mohan v. State of Haryana, (Punjab And Haryana) : Law Finder Doc Id # 2811934