Himachal Pradesh High Court
State Of H.P. And Others vs . Teju Ram on 24 November, 2022
Bench: Sabina, Sushil Kukreja
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State of H.P. and others vs. Teju Ram CWP No.1252 of 2017 24.11.2022 Present: Mr. Ashwani Sharma, Additional Advocate General, for the petitioners/State.
Ms. Sneh Bhimta, Advocate on behalf of Ms. Shreya Chauhan, Advocate, for the respondent.
Learned Additional Advocate General has submitted that respondent had applied for a job on compassionate basis after the death of his father on 07.04.2005. The claim of the respondent was rejected on the ground that his elder brother was already serving as work charge Beldar in I&PH, Division Bhattiyat, District Chamba. Hence, the respondent was not entitled for his appointment on compassionate basis in terms of the policy framed by the State Government. As per the policy Annexure R-A-1, employment assistance is to be allowed in order of priority to widow or son or unmarried daughter of the deceased employee. As per policy framed by the State Government in case where one or more members of the family of the deceased was already in Government service, then employment assistance should not under any circumstances be provided to the second or third member of the family. The policy does not make any distinction to the effect that in case the member of the family, who is already in Government service, then the name of the said member should be reflected in the Parivar Register.
Learned counsel for the respondent on the other hand has submitted that the Tribunal has rightly allowed the Original Application filed by the respondent while placing reliance on the ::: Downloaded on - 28/11/2022 20:31:38 :::CIS .
decision of the Coordinate Bench of this Court in LPA No.75 of 2012, titled as State of H.P. and another vs. Devi Ram, decided on 16.05.2012.
Clause 5(c) of the relevant policy dated 18.01.1990, Annexure RA-1, placed on record before the Tribunal, reads as under:-
"(c) In all cases where one or more members of the family are already in Government service or in employment of Autonomous Bodies/Boards/Corporations etc., of the State/Central Government, employment assistance should not under any circumstances be provided to the second or third member of the family. In cases, however, where the widow of the deceased Government servant represents or claims that her employed sons/daughters are not supporting her, the request of employment assistance should be considered only in respect of the widow. Even for allowing compassionate appointment to the widow in such cases the opinion of the Department of Personnel and Finance Department should specifically be sought and the matter finally decided by the Council of Ministers."
It is a settled principle of law that an appointment on compassionate basis cannot be sought as a matter of right and appointment on compassionate basis is to be given in terms of the policy framed by the State Government. As per policy framed by the State Government, where one or more members of the family of the deceased are already in Government service, the second or third member of the family should not be provided any employment assistance.
Admittedly, in the present case, the elder brother of the respondent is working as a Beldar in I&PH Department. However, ::: Downloaded on - 28/11/2022 20:31:38 :::CIS .
the Tribunal has placed reliance on the decision of the Coordinate Bench of this Court in LPA No.75 of 2012, titled as State of H.P. and another vs. Devi Ram, decided on 16.05.2012, wherein, it was held that rejection on the ground of elder brother in Government service is unsustainable, as the elder brother had separated 10 years prior to the death of bread-earner.
However, we are of the opinion that order passed by this Court in LPA No.75 of 2012, is not inconformity with the policy framed by the State Government for appointment on compassionate basis. As such, it would be appropriate to refer the matter for decision by a Larger Bench as to whether a dependent of a deceased employee is entitled for appointment on compassionate basis where one or more members of the family are already in Government service.
Let the matter be placed before Hon'ble the Chief Justice for constitution of a Larger Bench.
( Sabina ) Judge (Sushil Kukreja) Judge 24th November, 2022 (reena) ::: Downloaded on - 28/11/2022 20:31:38 :::CIS