AIROnline 2024 SC 751

Supreme Court Of India

(From : Punjab And Haryana)

Hon'ble Judge(s): Abhay S. Oka, Ahsanuddin Amanullah, Augustine George Masih , JJJ

(A) Constitution of India , Art.226— Compassionate appointment - Absence of policy - Effect - In a case where there is no policy, instruction, or rule providing for an appointment on compassionate grounds, such an appointment cannot be granted. (Para 13) (B) Constitution of India , Art.226, Art.14— Compassionate appointment - Rejection of claim - Legality - Three years period laid down from date of death of employee for putting forth claim by a dependent, which, includes attainment of majority as per 1999 policy instructions issued by Govt. of Haryana cannot be said to be unjustified or illogical, especially when compassionate appointment is not a vested right - As appellant had attained majority 11 years after death of his father, his claim was rightly rejected - Further, plea that in similar facts, claims were considered by the government could not be accepted since benefit conferred on someone contrary to the scheme, would not bestow a right upon others to claim it as a right of equality. (Para 9 16) (C) Constitution of India , Art.226, Art.309— Haryana Compassionate Assista....