DAROPTI Vs. STATE OF HARYANA
LAWS(P&H)-2013-1-76
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 14,2013

DAROPTI Appellant
VERSUS
STATE OF HARYANA Respondents

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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