The High Court of Punjab and Haryana while dismissing a petition of a son claiming compensation, whose father died in Operation Blue Star held that compassionate appointment is given only to come out from the immediate financial difficulties whereas in the present case, more than twenty years have passed by.
Brief Facts:
The petitioner filed the present petition for issuance of directions to the respondents to appoint him on compassionate grounds on account of the death of his father during the operation Blue Star conducted at Golden Temple, Amritsar in 1984.
Contentions of the Petitioner:
The learned counsel appearing on behalf of the petitioner submitted that the petitioner was a minor at the time of his father’s death and further claimed compassionate appointment on the basis of the circular issued by the Government granting compassionate appointment to the dependent family members of the persons killed in terrorism/riots.
Observations of the court:
The court noted that the petitioner had attained the majority in the year 1998 and the further 12 years passed by when his case was rejected and more than 12-13 years had passed by currently. The court stated that in the current circumstances, without examining the issue of whether the appointment was available to the families who died during the operation Blue Star by efflux of time after almost more than 20 years, compassionate appointment cannot be offered to the petitioner.
The court further stated that compassionate appointment, although is not a regular mode of appointment but the same is given to the dependent of the deceased Government servant only to come out from the immediate financial difficulties which cannot be said to be existing as of today in relation to the petitioner.
The decision of the Court:
The court dismissed the petition.
Case Title: Bal Amrit Singh vs Union of India and ors.
Coram: Hon’ble Mr. Justice Sanjeev Prakash Sharma
Case No.: CWP-10515-2013 (O&M)
Advocate for the Petitioner: Mr. Naresh Jain
Advocate for the Respondent: Mr. Ashish Chaudhary and Mr. Charanpreet Singh
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