JUDGEMENT
TEJINDER SINGH DHINDSA,J. -
(1.)LATE Sh. Dharamveer Singh, husband of petitioner No.1 and
father of petitioner No.2 was appointed on the post of Peon in the
Department of Excise and Taxation, Haryana on 19.11.1990. It is stated
that Dharamveer Singh was suffering from heart ailment and he was
hospitalized in the second week of February 2011. Undisputedly,
Dharamveer Singh superannuated from service on 28.02.2011.
Unfortunately, he expired on 03.03.2011 i.e. merely 3 days post
retirement.
(2.)THE present writ petition has been filed seeking issuance of a writ in the nature of mandamus for directing the respondent-
authorities to consider the claim of any of the petitioners/ legal heirs of
late Sh. Dharamveer Singh for appointment on a suitable post in the
respondent-department on compassionate basis. The other benefits
claimed in the present writ petition is with regard to the claim of the
present petitioners as regards the retiral benefits/post death benefits be
considered expeditiously.
It is by now well settled that compassionate appointment itself is a concession and not a right. That apart, the benefit of
compassionate appointment would be admissible only to an eligible
heir of the deceased provided such employee died in harness. The
entire objective for grant of benefit of compassionate appointment is to
mitigate the sudden financial crisis that has fallen upon the family on
account of death of bread winner. In the light of the admitted position
of fact in the present case, late Sh. Dharamveer Singh, who had been
working as a Taxation Peon with the respondent-department retired on
28.02.2011 whereas his date of death is 03.03.2011. Such factual aspect may be viewed as unfortunate but it does not vest with the
petitioners a right to claim the benefit of compassionate appointment.
(3.)LEARNED counsel for the petitioner has not been able to refer to any instructions/policy decision framed by the State Government in terms
of which such a benefit for claiming compassionate appointment would
be admissible on account of the death of an employee post retirement.
Accordingly, the claim seeking compassionate appointment is without
merit and is rejected.
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