A single judge bench of Punjab and Haryana High Court (Court) on Tuesday denied compassionate employment on grounds of lapse of reasonable period. The Court reiterated Hon’ble Supreme Court’s decision in Umesh Kumar Nagpal v. State of Haryana while upholding the above stated principle.
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The petitioner had approached the High Court under Article 226/227 of the Constitution of India seeking setting aside of a departmental order whereby application of the petitioner seeking compassionate appointment was rejected. The petitioner’s father lost his life while in employment under Food Corporation of India(FCI).
The respondent in reply submitted that facts are disputed as the petitioner had filed undated application with the FCI but in the present petition has enclosed application bearing date which indicates act and conduct of the petitioner. Further the dates on affidavits and certificate to the application was of a very latter period.
Hon’ble Mr. Justice Jagmohan Bansal while dismissing the petition observed that All the facts collectively indicate that facts are not clear and there are disputed questions of fact. Further he reiterated the Hon’ble Supreme Court’s opinion in Umesh Kumar Nagpal v. State of Haryana, 1994 SCC (4) 138 where it held that compassionate employment cannot be granted after a lapse of a reasonable period which must be specified in the rules. While reiterating the Apex Court’s above decision Justice Jagmohan Bansal stated that –
“The consideration for such employment is not a vested right which can be exercised at any time in future. 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, the compassionate employment cannot be claimed and offered whatever the lapse of time and after the crisis is over and as the present petition has been presented after a lapse of 9 years, the same sans merit”
Gurpreet Singh v. Food Corporation of India and ors., CWP No. 11577 of 2016 (Date of decision 18.07.2023)
