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2013 DIGILAW 285 (HP)

CHAMAN LAL v. STATE OF H. P.

2013-04-09

RAJIV SHARMA

body2013
JUDGMENT RAJIV SHARMA, J.- 1. THE petitioner's father, who was working as regular Class IV employee in the respondent-department, died in harness on 3rd May, 2007. Petitioner submitted an application for considering his candidature for appointment on compassionate basis. The application of the petitioner was received in the office of the Director of Higher Education on 10th June, 2008. The same was returned to the Deputy Director of Higher Education, Sirmaur on 19th March, 2009. Thereafter, the same was resubmitted to the Director of Higher Education on 4th March, 2010. 2. THE stand of the respondents is that the case of the petitioner has been sent for approval to the State Government on 22nd July, 2010. However, the fact of the matter is that no decision till date has been taken by the respondent-State. A preliminary objection has also been taken by the State, in its reply, that the case of the petitioner is not covered under the latest policy of the State Government, dated 25th September, 2010. A decision was taken on 25.09.2010 by the State Government, whereby it was decided that apart from the widow applicants, the cases of applicants, whose both parents are not alive, shall be given priority for considering the matter for providing employment on compassionate grounds subject to fulfillment of other relevant criteria prescribed by the Government from time to time. The decision, dated 25.09.2010, has been rescinded by office memorandum dated 04.09.2012, whereby a conscious decision has been taken that the cases of compassionate appointments shall be considered under 1990 scheme. The text of office memorandum, dated 04.09.2012, reads as under: "The undersigned is directed to say that the matter regarding simplifying the existing system of providing of employment assistance to the dependents of Govt. servants who die while in Govt. service, leaving their families in indigent circumstances was under consideration of the Govt. for some time past. After careful consideration, it has been decided that the cases of all eligible candidates shall be considered for providing employment assistance in accordance with the provisions of the policy circulated vide O.M. No. Per (APII)F(4)4/89, dated 18.01.1990." 3. service, leaving their families in indigent circumstances was under consideration of the Govt. for some time past. After careful consideration, it has been decided that the cases of all eligible candidates shall be considered for providing employment assistance in accordance with the provisions of the policy circulated vide O.M. No. Per (APII)F(4)4/89, dated 18.01.1990." 3. THEIR Lordships of the Hon'ble Supreme Court in Director General of Posts and others versus K. Chandrashekar Rao, (2013) 3 Supreme Court Cases 310, held that the scheme of compassionate appointment framed by the Government has force of law as subordinate legislation and will be enforceable to limited extent within prescribed parameters. Their Lordships have held as under: "The above clauses clearly show that the Scheme of 1998 for compassionate appointment is a welfare activity carried out by the Government of India. It is a benevolent act on the part of the State. Keeping in view the economic and social crisis to which the family of a deceased government employee in Class C or D is exposed, the Government through this Scheme offers a helping hand. This is a voluntary act of generosity on the part of the State. The generosity once extended in the form of exercise of a subordinate legislative power by formulating the said Scheme, will have the force of law. It is enforceable to its limited extent and within its prescribed parameters." 4. ACCORDINGLY, in view of the observations discussed hereinabove, the writ petition is allowed and the respondents are directed to consider the case of the petitioner for compassionate appointment as per the scheme formulated on 18th January, 1990, within a period of six weeks from today. The pending application(s), if any, also stand(s) disposed of. No costs.