- (1.) Through the present petition, the petitioner challenges order dated 08.03.2013 (Annexure P-8), through which the petitioner's claim for seeking compassionate appointment has been rejected. The petitioner further prays for the issuance of a direction to the respondents to appoint her son on compassionate basis or to make payment of Rs. 5 lacs as ex-gratia compensation under the Haryana Compassionate Assistance to Dependents of Deceased Government Employees Rules, 2005 (hereinafter referred to as the 2005 Rules). After hearing counsel for the parties and perusing the record with their able assistance, the facts that have emerged are that on 12.03.2000, petitioner's husband, while serving in the Haryana Police as a Constable, expired. After the passage of over 11 years, on 19.07.2011, the petitioner made an application for seeking compassionate appointment for her son. The reason given for the delay in making the application was that at the time of death of her husband, her son was minor. The application of the petitioner was considered and through order dated 08.03.2013, was rejected. Laying a challenge to the afore-referred order, the present petition has been filed for the reliefs, as mentioned above.
(2.) The record reveals that the claim for compassionate appointment was made by the petitioner after over 11 years of the death of her husband. As per the law settled by the Apex Court, as also this Court through a catena of judgments, after an inordinate, unexplained and unjustifiable delay of over 11 years, no compassionate appointment can be granted as the same would be against the very objects and principles, for which such appointment is made. In this regard, the following paragraphs of the judgment of the Apex Court in the case ofUmesh Kumar Nagpal vs. State of Haryana, 1994 4 SCC 138 can usefully be referred to :- "2. The question relates to the considerations which should guide while giving appointment in public services on compassionate ground. It appears that there has been a good deal of obfuscation on the issue. As a rule, appointments in the public services should be made strictly on the basis of open invitation of applications and merit. No other mode of appointment nor any other consideration is Neither the Governments nor the public authorities are at liberty to follow any other procedure or relax the qualifications laid down by the rules for the post. However, to this general rule which is to be followed strictly in every case, there are some exceptions carved out in the interests of justice and to meet certain contingencies. One such exception is in favour of the dependants of an employee dying in harness and leaving his family in penury and without any means of livelihood. In such cases, out of pure humanitarian consideration taking into consideration the fact that unless some source of livelihood is provided, the family would not be able to make both ends meet, a provision is made in the rules to provide gainful employment to one of the dependants of the deceased who may be eligible for such employment. The whole object of granting compassionate employment is thus to enable the family to tide over the sudden crisis. The object is not to give a member of such family a post much less a post for post held by the deceased. What is further, mere death of an employee in harness does not entitle his family to such source of livelihood. The Government or the public authority concerned has to examine the financial condition of the family of the deceased, and it is only if it is satisfied, that but for the provision of employment, the family will not be able to meet the crisis that a job is to be offered to the eligible member of the family. The posts in Classes III and IV are the lowest posts in nonmanual and manual categories and hence they alone can be offered on compassionate grounds, the object being to relieve the family, of the financial destitution and to help it get over the emergency. The provision of employment in such lowest posts by making an exception to the rule is justifiable and valid since it is not discriminatory. The favourable treatment given to such dependent of the deceased employee in such posts has a rational nexus with the object sought to be achieved, viz., relief against destitution. No other posts are expected or required to be given by the public authorities for the purpose. It must be remembered in this connection that as against the destitute family of the deceased there are millions of other families which are equally, if not more destitute. The exception to the rule made in favour of the family of the deceased employee is in consideration of the services rendered by him and the legitimate expectations, and the Change in the status and affairs, of the family engendered by the erstwhile employment which are suddenly upturned. xx xx xx 6. For these very reasons, the compassionate employment cannot be granted after a lapse of a reasonable period which must be specified in the rules. 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 (1989) 4 SCC 468 : 1989 SCC (L&S) 662 : (1989) 11 ATC 878 : (1989) 4 SLR 327 breadwinner, the compassionate employment cannot be claimed and offered whatever the lapse of time and after the crisis is over."
(3.) To the same effect, is another judgment of the Apex Court in the case of TheChief Commissioner, Central Excise and Customs, Lucknow and others vs. Prabhat Singh, 2012 13 SCC 412 , in which it has been held as under :- "The very object of making provision for appointment on compassionate ground, is to provide succor to a family dependent on a government employee, who has unfortunately died in harness. On such death, the family suddenly finds itself in dire straits, on account of the absence of its sole bread winner. Delay in seeking such a claim, is an ante thesis, for the purpose for which compassionate appointment was conceived. Delay in raising such a claim, is contradictory to the object sought to be achieved.";