Satpal Singh Yadav v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.608 Date of decision: May 19, 2022 Satpal Singh Yadav

...Petitioner

Versus

The State of Haryana and Another

...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. Surinder Gandhi, Advocate for the petitioner.

Mr. R.D. Sharma, Deputy Advocate General, Haryana. ***** ARUN MONGA, J. (ORAL) Petition was filed in the year 2000, inter alia, for issuance of a writ in the nature of mandamus directing the respondents to appoint petitioner on the post of Sub-Inspector or Clerk instead of Peon in the Cooperative Department on compassionate grounds.

2.

Learned counsel for the petitioner vehemently argues that case of the petitioner is squarely covered by judgments rendered in CWP No.5413 of 1999, titled as Ravinder Singh vs. State of Haryana, decided on 05.05.1999 and CWP No.13888 of 1998, titled as Satender vs. State of Haryana and others, decided on 11.11.1998.

3.

Per contra, learned State Counsel would urge that the petitioner was entitled to employment only on a post, which is one step below the post on which the deceased was serving at the time of his death. The petitioner's father was working on the post of Sub-Inspector in the pay scale of Rs.1400-2600 at the time of death, he points out.

4.

I have heard the competing arguments of both the learned counsel and I am of the view that petition deserves dismissal for the reasons stated hereinafter. 5.

It is settled position that compassionate appointment is not to be construed in any manner as reservation to seek appointments by creating vertical reservation through a special category of the wards of deceased employees who die

-2in harness. The nobility and benevolence of compassionate policies is to ameliorate immediate penury which family is visited with on sudden death of an employee. 6.

In this context, reference may also be had to a judgment rendered by the Supreme Court in SLP (C) No.778 of 1999, decided on 22.03.1999,

 
  

   


 



  
   

    
   
    
   
 



  
 





  
   


 
   
 


 
  


    

 

  
 
   
 


 
 
 






 

 


  


 

 



 
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 %  I am also in agreement with the argument that one step below has to be read as "post" and not "pay-scale". Admittedly, one step below the post of Clerk is Peon. The petitioner was, therefore, rightly denied the relief of appointment on the post of Clerk.

10.

In view of the aforesaid, no ground for interference is made out. Petition is dismissed.

-311.

Since the main case has been decided, pending civil miscellaneous application, if any, also stands disposed of. (ARUN MONGA) JUDGE May 19, 2022 ashish Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No